Legal Question in Family Law in Minnesota

Restitution

The Minnesota Courts have imposed back child support on my Credit Report. What Court would I file my complaint with? (I was not legally divorce of separated.) Yet the Court charged me without Proper Documentation. No, did not go to court in Minnesota. I reside and have always resident in Illinois. My ex-wife job relocated her to Minneapolis, MN. I commuted back and forth for over a year (IL to MN). There are many families that commute back and forth. I did the same.

The only statement that I notice was my ex-wife stating she had lived in MN for over a year without any child support. --- The Courts are not able to collect child support without an Official Date of Divorce or Separation. ---Divorce was granted in Illinois, Child support address in Minnesota.

I am trying to sue the Court for forcing me in to bankruptcy and placing an outstand debt well into the thousands of dollars on my Credit Report. I want a Civil Suit on my ex-wife for Falsification of Statements.

The Courts have allowed an order without following their guidelines. I attempted to explain this to the MN Court by phone. “The Court needs to show or define the documentation which allowed or support the Court Order.''

-Only Attry's Agrssv about Fairness Plse-


Asked on 8/23/07, 6:36 pm

1 Answer from Attorneys

Jennifer Moore Moore Family Law, P.A.

Re: Restitution

It is unclear from your question whether your Illinois divorce decree was registered as a foreign judgment in Minnesota. You may want to view your court file in order to determine how service was made upon you. Your best bet is to challenge the service of process.

You cannot sue the Courts, because they are immune from suit. You may be able to obtain some relief from your former wife, but only if you successfully challenge the support judgment.

Ultimately, your case will be much more sympathetic if you can show that you did, in fact, comply with the divorce decree by paying child support.

And finally, at this point, you must appear in Court with notice to your former wife and probably to the child support enforcement authority in order to vacate the judgment. You cannot do this over the phone without filing formal paperwork.

I realize the legal system can be very frustrating, but you need to follow its rules.

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Answered on 8/23/07, 9:29 pm


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