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Discussion Starter #1
i had filed for cs through human services back in january (before x filed for divorce)<br>
the courts know that there is a divorce pending but for some reason decided to go ahead and puruse c/s anyway.<br><br>
the question I have is that the amount of c/s on the divorce decree is $200 lower than the state minimum. I had no lawyer in the divorce and ex did (he emptied all our bank accounts and borrowed money from his father)<br><br>
Basically I was slapped with a custody battle stating that either I accept the reduced c/s amount or x would pursue joint custody, with me and dd's being forced to live in nevada with no job, no home (the lease was up) and joint custody-with me having to deal with him on a consistent basis.<br><br>
nevada has very little legal help for dv victims (hardly any advocates or help of any kind) so i went ahead and accepted the reduced amount so dd's and I could leave the state.<br><br>
come to last week. ex was served c/s papers-yet the decree is about to be signed by the judge. the papers state that ex owes us $10,000 in back support. could the decree take precedence? we've had to go on public assistance (no TANF-but medicaid and child care assistance)<br>
ex sent me a threatening email telling me "i had better take care of this.." ( i don't like to say this but i really, really hate him sometimes)<br><br>
is it possible that the judge could see that ex is getting away with paying less than he should? i was pretty much going to count my losses and at least be happy that me and dd's don't have to live with him anymore..<br><br>
but we could sure use the extra $200 and the back c/s....
 

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(I know you hate me, but....)<br><br>
Don't count on the judge fixing anything without having it brought to his attention. Parents are allowed in most states to make their own "agreements" about CS and custody as long as neither one complains about it....I can pretty much guarantee the judge will assume that this is an agreement come about that is amicable to both of you. If you want the extra CS and the back payments, you're going to have to bring it up.<br><br>
Sorry, I know that's not what you want to hear.<br><br>
Peace out.
 

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Discussion Starter #3
i don't hate you, mamanosbest. i just disagree with you on some things.<br><br>
underneath all of our various opinions, thoughts,emotions, egos, ect we are all the same spirit. <img alt="" class="inlineimg" src="http://www.mothering.com/discussions/images/smilies/love.gif" style="border:0px solid;" title="love"> peace to you as well...<br><br>
thanks for the advice.<br><br>
i pretty much figure the same although i spoke with my case worker and apparently the state of colorado is not too happy about him dodging c/s (he makes good money) they know there's a divorce decree out but they want to go after him anyway..<br><br>
i am not getting my hopes up-but who knows??
 

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That's a situation I've never heard of!<br><br>
I would *think* the divorce agreement would supercede the CS judgement but since the CS is already set, I wonder if the divorce agreement would have to be modified to reflect that?<br><br>
I'm really curious which will "win" out. Good luck, mama <img alt="" class="inlineimg" src="http://www.mothering.com/discussions/images/smilies/love.gif" style="border:0px solid;" title="love"> I hope whatever happens, you find some measure of peace with it. Sometimes it's better to settle for less than to deal with an angry, abusive man for the next 18 years.
 

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I know the state of oregon will not allow a cs amount to be lower than the state guidelines... without a huge fight on their part.
 

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Discussion Starter #6
oh boy do I miss the nw (lived in seattle 10 years)<br><br>
but unfortunately the state of nevada is not as gracious to the rigths of women and children..
 
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