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#21
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Incorrect wording on child support order entered by my ex's lawy
After reading the incorrect filed support order, I believe that it was
entered months after my older daughter had graduated. Its possible it was an order modifing the support to reflect only 1 child. That is when I believe the wording actually got changed. In my mind I have no doubt that he knew from the day that order was entered that it was incorrect possible even going so far as to plan it so he would be able to claim support ended, releasing him of any obligations for post secondary support. |
#22
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Incorrect wording on child support order entered by my ex's
In article outparenting.com,
uneekone says... The court did not rule support ended at 18, the court ruled in our older daughter that support continued until she graduated. Support for our younger child was never an issue however his attorney submitted papers changing her existing support order to reading her support ended at 18. There is no statue of limitations in the case of a clerical error as proven by my attorney during the hearing to vacate the incorrect order. ==== Again, what do **the statutes** of the controlling state say about child support past the age of 18? I have never known a state that does not address this specifically in its statutes. That will determine whether there is an error--the order should comply with the law. What does the law say? I agree with the other responder that you (and perhaps your ex/lawyers) are making this uncomplicated issue way too complicated. Neither of you will come out ahead here and it's obvious the *child* will gain nothing. ==== ==== |
#23
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Incorrect wording on child support order entered by my ex's
In article outparenting.com,
uneekone says... The court did not rule support ended at 18, the court ruled in our older daughter that support continued until she graduated. Support for our younger child was never an issue however his attorney submitted papers changing her existing support order to reading her support ended at 18. There is no statue of limitations in the case of a clerical error as proven by my attorney during the hearing to vacate the incorrect order. ==== Again, what do **the statutes** of the controlling state say about child support past the age of 18? I have never known a state that does not address this specifically in its statutes. That will determine whether there is an error--the order should comply with the law. What does the law say? I agree with the other responder that you (and perhaps your ex/lawyers) are making this uncomplicated issue way too complicated. Neither of you will come out ahead here and it's obvious the *child* will gain nothing. ==== ==== |
#24
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Incorrect wording on child support order entered by my ex's
In article outparenting.com,
uneekone says... The court did not rule support ended at 18, the court ruled in our older daughter that support continued until she graduated. Support for our younger child was never an issue however his attorney submitted papers changing her existing support order to reading her support ended at 18. There is no statue of limitations in the case of a clerical error as proven by my attorney during the hearing to vacate the incorrect order. ==== Again, what do **the statutes** of the controlling state say about child support past the age of 18? I have never known a state that does not address this specifically in its statutes. That will determine whether there is an error--the order should comply with the law. What does the law say? I agree with the other responder that you (and perhaps your ex/lawyers) are making this uncomplicated issue way too complicated. Neither of you will come out ahead here and it's obvious the *child* will gain nothing. ==== ==== |
#25
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Incorrect wording on child support order entered by my ex's
In article outparenting.com,
uneekone says... The court did not rule support ended at 18, the court ruled in our older daughter that support continued until she graduated. Support for our younger child was never an issue however his attorney submitted papers changing her existing support order to reading her support ended at 18. There is no statue of limitations in the case of a clerical error as proven by my attorney during the hearing to vacate the incorrect order. ==== Again, what do **the statutes** of the controlling state say about child support past the age of 18? I have never known a state that does not address this specifically in its statutes. That will determine whether there is an error--the order should comply with the law. What does the law say? I agree with the other responder that you (and perhaps your ex/lawyers) are making this uncomplicated issue way too complicated. Neither of you will come out ahead here and it's obvious the *child* will gain nothing. ==== ==== |
#26
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Incorrect wording on child support order entered by my ex's
In article outparenting.com,
uneekone says... I agree that finding coming to an agreement prior to incurring major court cost would have been the way to go, the problem there lies in the fact that he was completely unwilling to compromise what so ever. Any contact from me just seems anger him beyond belief. I also agree that the order should have been read but the fact is, I never received a copy nor did my attorney. ==== The law requires the atty receive a copy within a limited and specified time post hearing. If your lawyer didn't receive it, it was his/her responsibility to get it. He/she either lied to you about not receiving it or he/she is incompetent. ==== .................................. Due to the fact that I left him, he was and never will be willing to come to any compromise and as he stated to my older daughter, he will do everything in he can to break me financially. ==== Well, when you left, did you leave with an awareness that you were walking away from the security of his income as well? ==== ==== |
#27
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Incorrect wording on child support order entered by my ex's
In article outparenting.com,
uneekone says... I agree that finding coming to an agreement prior to incurring major court cost would have been the way to go, the problem there lies in the fact that he was completely unwilling to compromise what so ever. Any contact from me just seems anger him beyond belief. I also agree that the order should have been read but the fact is, I never received a copy nor did my attorney. ==== The law requires the atty receive a copy within a limited and specified time post hearing. If your lawyer didn't receive it, it was his/her responsibility to get it. He/she either lied to you about not receiving it or he/she is incompetent. ==== .................................. Due to the fact that I left him, he was and never will be willing to come to any compromise and as he stated to my older daughter, he will do everything in he can to break me financially. ==== Well, when you left, did you leave with an awareness that you were walking away from the security of his income as well? ==== ==== |
#28
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Incorrect wording on child support order entered by my ex's
In article outparenting.com,
uneekone says... I agree that finding coming to an agreement prior to incurring major court cost would have been the way to go, the problem there lies in the fact that he was completely unwilling to compromise what so ever. Any contact from me just seems anger him beyond belief. I also agree that the order should have been read but the fact is, I never received a copy nor did my attorney. ==== The law requires the atty receive a copy within a limited and specified time post hearing. If your lawyer didn't receive it, it was his/her responsibility to get it. He/she either lied to you about not receiving it or he/she is incompetent. ==== .................................. Due to the fact that I left him, he was and never will be willing to come to any compromise and as he stated to my older daughter, he will do everything in he can to break me financially. ==== Well, when you left, did you leave with an awareness that you were walking away from the security of his income as well? ==== ==== |
#29
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Incorrect wording on child support order entered by my ex's
In article outparenting.com,
uneekone says... I agree that finding coming to an agreement prior to incurring major court cost would have been the way to go, the problem there lies in the fact that he was completely unwilling to compromise what so ever. Any contact from me just seems anger him beyond belief. I also agree that the order should have been read but the fact is, I never received a copy nor did my attorney. ==== The law requires the atty receive a copy within a limited and specified time post hearing. If your lawyer didn't receive it, it was his/her responsibility to get it. He/she either lied to you about not receiving it or he/she is incompetent. ==== .................................. Due to the fact that I left him, he was and never will be willing to come to any compromise and as he stated to my older daughter, he will do everything in he can to break me financially. ==== Well, when you left, did you leave with an awareness that you were walking away from the security of his income as well? ==== ==== |
#30
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Incorrect wording on child support order entered by my ex's
Well, that's quite a compromise on your part - give me the seven months and
it'll all be over. I was thinking a little more on the halfway side (starting at 5 and working down to 3.5 before setting the legal gears in "motion). Maybe he might have grabbed at that instead of "generous" original offer, realizing that if what happened now did happen there would be no difference except for the fact that everyone else is getting richer while your family (and him) financially suffer. I think that would have been effort enough to quit quibbling. Of course he doesn't really care to hear from you. It seems like all he has to look forward to when he hears your voice will be either "give me money," or "I'll be seeing you in court for more money." If the foot was on the other shoe would you care to hear from him... And just so I'm not pounding on you unneccesarily, yes he probably does have a thick skull. But as long as it seems to be more about power than anything else the only thing he sees is trying to do you one better. The only satisfaction I can see he might actually be getting by this is like throwing a quarter into a dark room and seeing how long it takes you to find it. Again, something which serves no one in a matter such as this. Is this matter something which should be over (assuming the daughter is 18 already) or is just being drawn out during that 7 month window between age emancipation and high-school graduation emancipation? If not, just how far away in the future is all of this? I hate to know that all of this started now for something that may be a decade down the road... Just as a last note in general, I think that CS departments should have something like a pre-trial (or pre-court) interventions for a situation like this. Maybe if someone put the facts down before it comes before the court, there would be less problems. Example, if they would show that if the order stood the husband would lose 7G and if it went before the courts you would be out 2G and he would be out 9G there might be more amicable solutions. Then again, perhaps I'm just dreaming aloud... |
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