Child Support AttorneyAttorney Tricia Dwyer has been rated 'Superb' and 'Perfect Review' multiple years by Avvo
CHILD SUPPORT Establish Custody and Child Support, Paternity, Petition Lower child support End child support Increase child support Paternity Change of Custody, Emergency Change of Custody Emancipation of Child No Court Whenever Possible Full Agreement & Settlement, entirely out of court is possible One Lawyer is possible No mediation is possible No 'collaborative law' is possible No sheriff - no 'serving other with legal papers' whenever possible & appropriate LEGAL QUESTIONS & ATTORNEY TRICIA DWYER'S ANSWERS: LEGAL QUESTION: My ex pays me $746 per month child support for our 18 y old and 11 y old. She told me it's half that now because our eldest turned age 18. Truth? ATTORNEY TRICIA DWYER'S ANSWER: Hello. A starting point is reading the child support Order itself. It is good you appear to know that your ex shouldn't be the one you turn to for legal advice.
LEGAL QUESTION: My wife's lawyer mailed me a letter and said I have to turn over my W-2s to him - is that true? ATTORNEY TRICIA DWYER'S ANSWER: If I were assisting you, I'd need to know fuller details, and I'd want to read through the actual letter. You apparently aren't a family lawyer yourself, and starting point is rules of lawyer licensing in MN- see the MN Rules of Professional Conduct ('MRPC' - MN rules of lawyer conduct), Rule 4.3 and its Comment which state: Minnesota Rules of Professional Conduct Rule 4.3Dealing with Unrepresented Person In dealing on behalf of a client with a person who is not represented by counsel: (a) a lawyer shall not state or imply that the lawyer is disinterested; (b) a lawyer shall clearly disclose that the client's interests are adverse to the interests of the unrepresented person, if the lawyer knows or reasonably should know that the interests are adverse; (c) when a lawyer knows or reasonably should know that the unrepresented person misunderstands the lawyer's role in the matter, the lawyer shall make reasonable efforts to correct the misunderstanding; and (d) a lawyer shall not give legal advice to the unrepresented person, other than the advice to secure counsel, if the lawyer knows or reasonably should know that the interests of the unrepresented person are or have a reasonable possibility of being in conflict with the interests of the client. (Amended effective October 1, 2005.) Comment [1] An unrepresented person, particularly one not experienced in dealing with legal matters, might assume that a lawyer is disinterested in loyalties or is a disinterested authority on the law even when the lawyer represents a client. In order to avoid a misunderstanding, a lawyer will typically need to identify the lawyer's client and, where the lawyer knows or reasonably should know that the interests are adverse, disclose that the client has interests opposed to those of the unrepresented person. For misunderstandings that sometimes arise when a lawyer for an organization deals with an unrepresented constituent, see Rule 1.13(d). [2] The rule distinguishes between situations involving unrepresented persons whose interests may be adverse to those of the lawyer's client and those in which the person's interests are not in conflict with the client's. In the former situation, the possibility that the lawyer will compromise the unrepresented person's interests is so great that the rule prohibits the giving of any advice, apart from the advice to obtain counsel. Whether a lawyer is giving impermissible advice may depend on the experience and sophistication of the unrepresented person, as well as the setting in which the behavior and comments occur. This rule does not prohibit a lawyer from negotiating the terms of a transaction or settling a dispute with an unrepresented person. So long as the lawyer has explained that the lawyer represents a party whose interests are adverse and is not representing the person, the lawyer may inform the person of the terms on which the lawyer's client will enter into an agreement or settle a matter, prepare documents that require the person's signature and explain the lawyer's own view of the meaning of the document or the lawyer's view of the underlying legal obligations. Legal question: I want to get sole custody from my ex- but he's an addict, no address, and missing. How can I serve him? Attorney Tricia Dwyer's answer: If I were to help you, I'd need to know fuller detail. For instance, is this some sort of restraining order action such as harassment or an OFP (Order for Protection petition)? If it's what's known as a 'motion', one first step is that I'd review the existing legal documents. Legal question: My ex won't share custody until our toddler turns age 4. Can I take my child to vacation in another state? Attorney Tricia Dwyer's answer: You seem to be stating there was a divorce, and a legal paper called a divorce decree; that decree is a court order (if not, it sounds as though otherwise there's a child custody order in place). If I were helping you, one starting point may be reviewing the divorce decree itself, because sometimes specific words about the child going out of the state of MN are included. Because you raise the question, you may have some special worries or concerns about it, so, if appropriate, of course please carefully choose one attorney you feel you can trust and have confidential legal advice. CHILD SUPPORT No Court Whenever Possible Full Agreement & Settlement Establish Child Support, Paternity, Petition Reduce child support End child support Increase child support One Lawyer No mediation No 'collaborative law' Emancipation of child No 'serving spouse with legal papers' LEGAL QUESTIONS & ATTORNEY DWYER'S ANSWERS: Legal question: I am single mom of a 4 y old. The bio' dad smokes cigs' & I think he's a marijuana dealer. Bio' dad told me he's going to get custody; what's truth? Attorney Tricia Dwyer's answer: Hello. General principles are that unmarried/single mothers, by law, are Mom/parent of a child born to them; in other words, a single mom who gives birth does not have to 'prove' she's the mom. However, unmarried men's legal rights are not 'automatic' or 'presumed', but, rather, are determined through law. Some unmarried dads live with their child & provide financial (and other) support. If unmarried parents live apart, often child support happens through the MN courts, and is decided by either a Child Support Magistrate, a Court Referee or a Judge. When custody and parenting time, or visitation (supervised or unsupervised), is in issue the question is always about what is best for this child, i.e., what serves the best interest of this tot/baby/kid. Based on what you described, it sounds as though it is not helpful to YOU to be communicating with this person now; YOU are single parent, single mom, and it's best for YOU and your kid/kids that you have as low stress a daily life as possible. I suggest you consider having formal legal advice from an attorney whom you choose - if I were helping you, I'd learn fuller facts of the situation from you, and then, just as I'd want if I asked you to help me, I'd tell you straight up what seems best for you and your family. In my own work I will provide reduced fee for need. Another option is you 'wait and see', but IMO that's not the best option of the two. Take care! Legal question: What happens if a child support case has started & a parent's gotten charged with felony child abuse? Attorney Tricia Dwyer's answer: If I were helping you, fuller details would need to be known to give you general guidance - who has the kid/kids? who's the petitioner? is the child abuse about the kid/kids in the child support case? etc., etc. |
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