Too poor so filling out forms myself but I need answers!

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minmn

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I'm trying to fill out the divorce forms packet that is available online for MN. Instructions are included, but I've got questions the instructions don't answer. I'll be filing Forma Pauperis. Legal Aid said it would be ½ year before they knew IF there was an attorney available to help. :eek:

Here is a short history: I lived 1 year with the guy [an illegal alien] and then married him. Fourteen months later I fled as a penniless stay-at-home mom. I filed an order of protection, to which he pleaded guilty. He lied at the hearing about his income and was ordered to pay child support of $400. He hasn't paid and the county said they will wait 1 year before going after him. I have legal and physical custody of our 7 month old and 18 month-old. I'm 20 ½. He was verbally, emotionally, financially and physically abusive. I got my first job 3 weeks ago. My county aid will drop dramatically, as at $9.00/hr. I'm considered self supporting. My work shift is 7 ½ hrs/ day.
After I fled my aunt and Mom quickly removed the kid's and my personal things, furniture and household stuff my mom had given to me, and retrieved my 86 Toyota which was at my husbands work. Two months later he was arrested once for making terroristic threats: rape, kill and kidnap.

The divorce forms ask for my living address and for the name/address of my employment. I don't want to be stalked or run any risks. The instructions say I can't leave anything blank or the forms will be returned.
Q1. What do I do to not have to put the information on the divorce papers?

I had no say in the finances. He had me sign up for credit cards, utility accounts and rent contracts. If I didn't, I feared his abuse. As an illegal, initially he had trouble getting credit and a checking account. He gambled, spent money on who knows what. The credit cards, utility bills are in my name with unpaid balances. He stopped paying bills 3 months prior to my leaving.
Q2. In the divorce papers I list the bills and who should pay. I want him to pay them. Does this seem possible?
Q3. If the judge orders him to pay, what legally is available to make him do so, because he probably won't.

The forms ask about my weekly income and tells me to multiply it by 4.33, the results of which are used to determine my contribution to things and ability to pay. But, I only work 21 days during each month, not 22.
Q.4 How do I correctly represent my income?

It asks about daycare costs I currently pay and requests bills/receipts to verify. I currently have a low co-pay of $60./month, but it will go up to about $150. but after I file the papers. On top of it, I'm responsible to pay out-of-pocket for sick child care and for the 2 Sundays I have to work. The county will not pay for that. Sick care varies, and it will probably average 3- 4 days out of the month. Presently I've paid for 2 sick days in 3 weeks.
If I put down just what is occurring right now, I'll be stuck at a figure 200-$300 less than what will be going on 2 months from now.
Q5. How do I not get trapped into a low figure that presently I only have receipts to support a low figure?

Alimony: Husband makes $2650/month.
Q6. If I ask for $200/month for 3 years, does this seem realistic?
Q7. Will the court garnish his wages to force him to pay, if it is granted?

There is a section at the end that asks if I want to provide additional information to the court.
Q8. Is there some information that would be beneficial to put in there?

Q9. After the divorce, if he is NOT paying child support, but shows up at the supervised visitations, is there any leverage that can be used? [e.g. pay up or no visiting].

Q10. If after a time, if he doesn't pay and doesn't visit, can I have his parental rights terminated?

Thanks for any help.
:)
 
While I'd love to help, this sounds like you've got some extenuating circumstances. The best thing to do with be to call up the court that deals with divorce in MN (I know in NY it is the Supreme Court but likely different in MN) and perhaps ask the clerk what you may need to do. Perhaps he/she can start you on the right path because of your particular challenge.
 
You might qualify for legal aid, I would be calling them ASAP.
 
I wanted to add a few things. Being he is in the country illegally, I have no idea how you are going to enforce a support order. Having 2 back to back babies by him was mistake number 1.

Highly unlikely you will get any alimony. If you do, probably a year at the max and that is providing he even pays.

You are too young to find yourself getting a divorce from a loser and having 2 young babies. At 21, your first priority from here on out should be taking care of your kids. You have lots of child bearing years left, you do not want to find yourself pregnant again with another guy with even more kids to take care of.

Good luck
 
Thanks all for trying.
The clerk said to get an attorney. - Oh well. But she did say to make an addendum for personal information and reference that on my documents each time it asks for address or phone number.

Yes, as an illegal ailen I doubt he'll do the correct thing by the kids.
I filled out the petition and took a guess at what were my questions, as legal aid was not available. I'll be filing them this week.

Duranie: Any more kids is out of the question. I didn't want kid #2, but it was a forced sex situation. And, he wouldn't let me take the Pill and he wouldn't protect himself.

I worry what will happen after the Sheriff serves the summons.

There are all sorts of other papers to file in the upcoming months. YIKES!
 
I wish you luck. If you call around to family law attorney's it is possible you might find someone to help you pro bono.

I think you need to do the best you can to take care of your babies without his help. Also, if he insists on seeing the kids, ask for supervised visitation.

If he goes back to his home country, you may not be able to get a US child support ordr enforced. Alot of it depends on if that country is a member of the Hague convention.

Is he facing any criminal charges? Of course if he goes to jail, you won't be getting any money from him until he is released.
 
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