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Old 10-20-2015, 02:54 PM   #1
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Default CS Modification- sticky issue

Ok so I am starting the paperwork for child support modification.
My sticking point though, and the reason why I have not done this before now, is that, when my ex and I got divorced, I ended up having to pay HIM $65 a month, since he took on most of the debt. A year after our divorce we both signed, with a Notary, a letter that said we cease all child support obligations "for the term that child support can be collected". I don't think it was filed with the court though.....

I am worried that if I take my ex to court, this will come back to bite me in the a** because this was 8 years ago. Is the judge going to throw the letter out and make ME pay him 8 years worth of $65/month back pay ?????

Thanks for reading and offering your advice-

---------- Post added at 02:54 PM ---------- Previous post was at 02:41 PM ----------

P.S. why does the county make it so complicated? I can't figure out what I'm supposed to do
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Old 10-20-2015, 10:44 PM   #2
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Default Re: CS Modification- sticky issue

That is a question a lawyer could answer......I can only speculate. Hope it works out though.
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Old 11-02-2015, 01:03 PM   #3
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Default Re: CS Modification- sticky issue

Hi SadSun,
I have no idea what to do or better advice...did you end up consulting an attorney on this matter?

Thank you!
--jenny
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Old 11-02-2015, 04:08 PM   #4
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Default Re: CS Modification- sticky issue

A notarized letter doesn't mean squat. It can prove intent and a de facto agreement if you've been abiding by it but shouldn't bar you from going for CS now in my opinion
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Old 11-02-2015, 05:18 PM   #5
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Default Re: CS Modification- sticky issue

My best advice is talk to a local lawyer who knows the law and the local judge's ways.
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Old 11-03-2015, 10:06 PM   #6
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Default Re: CS Modification- sticky issue

That's really great advice, Dad1st. I was amazed with the informal side of these legal proceedings, how the judge and lawyers can have agreements a processes that help them to decide the best way to handle issues. A good attorney who has long-standing dealings with the court and judge can help guide in this situation.

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Old 11-05-2015, 01:46 PM   #7
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Default Re: CS Modification- sticky issue

The Bible says to Seek good counsel, and a lawyer is addressed as Counselor in court.... makes sense to me.
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Old 11-08-2015, 08:56 AM   #8
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Default Re: CS Modification- sticky issue

not sure what you would be taking him to court for? why would you need to?

with that said, if he had not had a problem with the arrangement, i cant see why the judge would back support.

usually back child support if from when it is filed, however each state is different.

modification usually occurs when there is a change in circumstance, has there been a change?
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Old 11-11-2015, 10:21 PM   #9
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Default Re: CS Modification- sticky issue

Hi Motherboard, Yes there has been a change. Our divorce was over 9 years ago. He has since married again and got another better paying job. But now he is digging his feet in the dirt and refusing to follow through with getting the kids braces. He keeps blaming me, and telling the kids that I'm the reason they can't get braces. Because apparently I said I couldn't afford it- which I never said. I told him I would work it out with the dentist's office. He has fought me for two years on the issue and keeps claiming that it should be "50/50"- which the decree doesn't even state that. It states that HE is ordered to pay for their medical insurance AND that any extraordinary expenses are to be divided according to each party's income. I talked to an attorney a couple days ago, so thank you all for your support. I have a few steps to take..and she gave me the name of a mediator to try that route before seeking counsel, which could be expensive. And Lord knows I don't have a money tree growing anywhere within a 3, trillion mile radius. Thank you!
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Old 11-14-2015, 05:00 AM   #10
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Default Re: CS Modification- sticky issue

I did find this, maybe it could help

https://www.law.cornell.edu/uscode/text/26/213

so if the braces are MEDICALLY NECESSARY, he has no recourse, and maybe a letter from an attorney to him may jolt him to contribute. If not medically necessary, then mediation would be better suited.

If medically necessary, start with obtaining a report of this matter from the dentist. Sent it to him, if he still refuses, get an attorney to send him a course of action letter, threat of court, If he still responds unfavorably, I'd file in Court for him to 'comply'.

heres another resource to read,
http://divorcedmoms.com/articles/whe...tips-and-myths
hope that helps
@SadSun good luck and keep us posted
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