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divorce decree/ child support

Started by CORSET, Oct 28, 2005, 02:42:30 PM

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CORSET

hi there
i have never seen this question addressed in this catogory,however i hope you guys can help

my husband has been divorced from his first wife since 1999, and in their divorce decree they have listed what they are not allowed to touch
example assets and penisons and things of that like
there is also a paragraph that talks about child support, i cant quote word for word however it states something like this, child support is not given as long as the child is continuing to live in the situation that he is acustom to (forgive for the spelling), the child has been living with his father since 93 when the mother left son with him,, however since the father employment has changed from 8-4 to 3-12 the mother won custody, now the mother seeks support,  i understand about exceptional circumstances and things of that like, however when the son lived with us, my husband did not seek support, however now that she has him she wants support, the mother is a stay at home mom and her new husband supposely makes alot of money, i understand about new spouses and how their income is not added, however since this is written in a divorce decree will the suport division of the courts overturned this? or will a judge over turn this decree,
i also understand about accessing what the mother from previous employment, she does selling on ebay does that count as a job?

my concern is if this happens what/who protects all of us from former spouses trying to redo our divorce decree.

while trying to figure this all out i spoke with the support division and asked about why would the support hearing be in a different county and they stated that the child must be living in the county for six months to have the case heard in that county,
mm interesting the son has not been living in that county for six months,
he only has been there since june,,,
husband is going to speak to an attorney on monday about this

i have nothing against giving child support, but my concern is over ruling or modifying a divorce decree,, thats scary, because who is to say she wont try and take mine and my husband assets away.

thanks
ann
thanks
ann


MafiaMom

The decree stated that as long as the residency and custody of the child remained the same, no cs would be awarded. But residency and custody has CHANGED, so yes, it can be overruled.
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