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jc1
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(Bronze)
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12/05/07 08:44 AM
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75.37.139.27
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Modification to divorce to get child support
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My ex husband moved out of state early this year. We had joint custody in the original divorce decree in 2004. I submitted a modification proving he's moved out of state and the company i was working for went under financially, my income is cut in half. Will the judge auto rule on child support and change custody. My child lives with me 100%. My ex husband pleads that support would bankrupt him. What will the judge look at? I submitted everything last week and am awaiting an ruling or court hearing. How long does it usually take before the judge looks at the case and makes a decision?
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Re: Modification to divorce to get child support
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My ex husband moved out of state early this year. We had joint custody in the original divorce decree in 2004. I submitted a modification proving he's moved out of state and the company i was working for went under financially, my income is cut in half. Will the judge auto rule on child support and change custody.
>>>>>>>>>>> No , CS will change if the statutory requirements are met . Custody may stay the same with a different parenting plan due to the distance involved .
I submitted everything last week and am awaiting an ruling or court hearing. How long does it usually take before the judge looks at the case and makes a decision?
>>>>>>>>>>> It could be immediately or a number of months .
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jc1
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(Bronze)
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12/08/07 09:01 AM
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75.14.204.51
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Re: Modification to divorce to get child support
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What are statutory requirements?
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Re: Modification to divorce to get child support
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Order being enforced in NV; order is at least 36 months old; requests by NCP, CST/Guardian or IV-D agency; 15% or $75 increase or decrease in the child support order and/or health insurance coverage is available through the NCP's employment and is not addressed in the court order. In the event the three year rule does not apply and the request is based on change of circumstance, there must be at least a 20% change in the gross monthly income of a person who is subject to an order for support of a child.
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jc1
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(Bronze)
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12/09/07 09:52 AM
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75.14.204.51
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Re: Modification to divorce to get child support
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Thank you for all of your help! STill have one more question. Is there ALWAYS a hearing, or can the judge just rule on a case? OK, one more :-), what if change is circumstance is due to my 20% or more in financial change, and the NCP voluntarily transferring a different state for his job?
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Samsung
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(Platinum)
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12/09/07 10:15 AM
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71.214.154.180
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Re: Modification to divorce to get child support
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Not so much the voluntary transferring is the issue, but rather his inability to parent 50% because of the distance is. That will be a slam dunk for you. As for your drop in income, it doesn't matter, as Nevada basis child support only on the NCP's income. I plugged different figures into a Nevada child support calculator, and the max. CS is $500 per child. How many kids are there, what is his approximate gross monthly income?
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jc1
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(Bronze)
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12/10/07 08:50 AM
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75.14.204.51
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Re: Modification to divorce to get child support
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There is 1 child (11yrs) and his income to date is over $55,000. If my son does get awarded support, can his dad hold up payment by contesting it, or would they start to garnish his wages asap proceed with hearing and then adjust accordingly from there? If his dad contests, I'm thinking any judge would get pretty irritated with his excuses and probably make him pay more, so it I have to laugh. I'm just concerned he'll do it just to hold up support.
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Samsung
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(Platinum)
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12/10/07 09:18 AM
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71.214.154.180
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Re: Modification to divorce to get child support
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Support will begin from the day it is ordered. You will want a garnishment put in place, so it is taken directly from his paychecks. It should be $500/month. They won't make him pay more if he contests, as they have guidelines they will go by, but if he doesn't pay, or holds it up for whatever reason, he will owe back to the day it was court ordered.
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jc1
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(Bronze)
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12/11/07 09:04 AM
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75.14.204.51
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Re: Modification to divorce to get child support
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Ok Thank you for the help. Waiting for an answer from the judge is so hard. everyday I check the mail,hoping for a response. Hope it comes soon!!
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jc1
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(Bronze)
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01/15/08 08:35 AM
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76.227.124.148
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Re: Modification to divorce to get child support
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The judge wants us to have a hearing and we will be notified when it is. He says because there was a motion and an opposition. Is a trial a pretty standard procedure, and how do people get support in the meantime? Is there any motion that can grant support in the meantime and then be modified or stayed the same when the trial is through?
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