Corwin R. Kruse, Esq.
J.D., William Mitchell College of Law, St. Paul, Minnesota, magna cum laude
Editor: William Mitchell Law Review
M.A., Pennsylvania State University, University Park, Pennsylvania
B.S., University of Iowa, Iowa City, Iowa
Honors: Dean's List
B.B.A., University of South Dakota, Vermillion, SD.
Honors: Dean's List
Major: Business Administration
U.S. District Court, District of Minnesota, 2005
Katz & Manka, Ltd., Family Law Attorney, 2010-2019
William Mitchell College of Law, Adjunct Professor, 2005-2016
Dorsey & Whitney LLP, Associate, 2005-2009
Minnesota Court of Appeals, Judicial Law Clerk to the Honorable Jill Flaskamp Halbrooks, 2004-2005
- Family Law
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- Minnesota Supreme Court
- ID Number: 0334418
- State Bar of Minnesota # 0334418
- Q. When my ex and I divorced in 2015, we each had a child that was living with us so child support was reserved for future.
- A: If the decree was entered in MN and your daughter still lives here, the MN child support statute will apply. As for underemployment, this is a fact question and you would need to request her tax returns, pay stubs, and bank records in discovery. The statute allows for support to be based upon potential income (see Minn. Stat. 518A.32). Physical custody has little practical meaning in MN. What matters is parenting time.
- Q. Do I legally have to provide proof of my work schedule for scheduling a mediation
- A: The lawyer can request, but you do not have to provide. That said, unless it would impact your work relationship or jeopardize your job, it may be simplest to give the information. At minimum, you should provide alternative times that WILL work for you for mediation.
- Q. My Child is 18, did not graduate. Is working full time. And won't be going back to school until the next semester.
- A: Per Minnesota law, a "child" for the purposes of child support is "an individual under 18 years of age, an individual under age 20 who is still attending secondary school." If the child is 18 or more and presently not in school, you have an argument that child support should terminate. The confounding issue is the fact that the child will (apparently) be attending school again next semester, at which point child support would once again be required. By the time the motion to terminate support is heard and an order issued, it will likely be after the new year. The best option, if possible, would be to enter into a stipulation, to be filed with the court, stating that child support will not be paid during the time the child is not attending school, but will begin again if he or she re-enrolls.
- Q. How to stop parent from fraudulently collecting support.
- A: Minnesota law defines "child" for the purposes of support as "an individual under 18 years of age, an individual under age 20 who is still attending secondary school, or an individual who, by reason of physical or mental condition, is incapable of self-support." You would need to bring a motion to end your support obligation. Absent a court order, you would need to continue to pay.
- Q. Explain child support a bit more in depth; like what would child support cover? Would rent count as being covered?
- A: Child support in Minnesota is set by statute. If you google Minnesota Child Support Calculator, you can input your information and get a presumptive child support amount. The court can deviate, but needs to explain why if it does so. Basic child support is meant to be a contribution to basic needs: food, shelter, and clothing. Medical support and child care support can also be ordered. Paying bills on someone's behalf does NOT relieve or reduce child support obligations.
- Q. What is the fastest and nicest way of divorce and child custody?
- A: "Fastest and nicest" is a pretty subjective goal. More importantly, fastest and nicest may not be "best"; rather it may simply be agreeing with everything that the other person wants. As a SAHM, you would potentially receive some level of spousal maintenance. In addition, you could ask that your spouse pay some or all of your attorney fees and costs. You can certainly handle a divorce by yourselves - many people do. The court system publishes information and forms for your to use: http://www.mncourts.gov/help-topics/divorce.aspx That said, I would strongly encourage you to, at minimum, have an attorney review the final proposed agreement before you submit it to the court to ensure that you aren't getting taken. Many attorneys offer "unbundled" services, which allow you to hire the attorney to perform a specific task (like reviewing the agreement) rather than provide full representation.
- Q. Is the down-payment my wife made during our marriage considered marital or non-marital upon divorce?
- A: There is no clear-cut answer to this, as there are a lot of variables in play. This is really going to come down to her ability to trace the funds. Some questions that need to be answered: What was the source of funds in the account? What was the balance of the account at the time of marriage? How much was put into and taken out of the account in the intervening 8 months? What was the source of those funds? Did you put any money into the account? What is the current equity in the property? How does the current equity-to-value ratio compare to that at the time of the purchase? Were any funds expended to improve/maintain the property? What was the source of those funds? As I said, this will come down to tracing. The burden of proving the non-marital nature of the asset is on her.
- Q. Hello, if i make a couple child support payments before court will it help my contempt case so i don't go to jail?
- A: Holding someone in contempt involves a two-stage process. In the initial hearing, the court will attempt to ascertain why the payments were not made. If the party has a valid excuse, to the satisfaction of the court, no contempt should be found. For the hearing, you will want to gather all evidence regarding the job loss, as well as attempts to find new employment. You want to show the court that you made the best effort you could. Making whatever payments you now can will also help demonstrate your good faith to the court. If found in contempt at the initial hearing, the party is given a certain amount of time to "cure" the contempt. If this is not done, a second hearing is held to determine why the contempt was not cured. It is at that point that jail time becomes a potential issue. As in the first hearing, if you cannot cure the contempt, you will need to show the court that you had a valid reason for not doing so.
- Q. Is it legal for a person grante temporary legal custody of child to immediately have elective surgery perfomed on child?
- A: Legal custody carries with it the right to make medical decisions for the minor child. Of course, depending upon the circumstances, one might be able to argue that custody should be modified based upon physical or emotional endangerment to the child.