X trying to get D thrown out/ new hearin

iVillage Member
Registered: 05-05-2005
X trying to get D thrown out/ new hearin
4
Thu, 01-31-2008 - 11:25am
I found out yesterday X is trying to get my divorce that was finalized on 1/17 thrown out and a new hearing. He is upset that his cs is so much. It is based on his possible and past income. He has bragged to friends that he is hardly working so that he can get it reduced from 1150 a month to 100-200 a month. He thinks if he takes in his current pay stubs it will get changed. Has anyone had any experience with this. I meet with my lawyer tomorrow. I am not worried about the case getting thrown out but a bit worried about the cs getting lowered. He is also trying to get my spousal support thrown out. It is 500 a month. He throw us out with no money and no where to go. He has only given me 25-100 a week so far. It is a fight to get that. Now he is doing this crap. My other question is my paper say that his cs and spousal support is due 2/1. Does this mean it is due to start being garnished or that the 1700 is due to the state that day.

 

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iVillage Member
Registered: 01-22-2008
Thu, 01-31-2008 - 2:20pm

I am giving you advice from SC. Once the divorce is finalized, it is final. Sure, modifications can be made but what has changed in the past 2 weeks. If the due date is 02/01 and no money has been garnished, then obviously you will not be getting money. I know,in this state, child support is based on what you made in the past year. He can't just quit a good job and go work at McDonald's for min. wage and except his cs to be decreased. Have you actually been served papers on this or is he talking out of his butt just to get you upset? Laws vary by state. You should write down all of your questions and talk with your lawyer. My ex is under a court order to pay child support and I only get money if he gets locked up. I would not rely on the money. These guys know how to beat the system. Good luck!


Tiffany

iVillage Member
Registered: 05-05-2005
Thu, 01-31-2008 - 3:27pm
When I picked up my mail his sister was the only one there and gave me my mail. When I got home and was going through it there was a letter from his lawyer stuck to it. It talked about the balance and as soon as they receive it they will file a motion to have the case thrown out and a new one opened.

 

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iVillage Member
Registered: 01-22-2008
Thu, 01-31-2008 - 4:05pm

Well that stinks! I wish you lots of luck and I really hope it works out for the best for you and your kids!


Tiffany

iVillage Member
Registered: 10-25-2006
Thu, 01-31-2008 - 8:49pm

Jennifer,


Let your attorney advise you on this. I don't know the laws of your state nor what time table is allowed to challenge a divorce settlement. If I remember correctly, wasn't this divorce by default because he didn't respond to the papers he received? If so, he may have the right to challenge the settlement and ask for a new one, however, he might also be told "too bad...you didn't reply to the original papers." Your attorney will know more.


Again, I don't know your state of residence, but it's not likely he's going to get CS reduced as most CS is based on a formula, i.e. what his earning potential is and has been. He may have some wiggle room on spousal support, but I don't know.


Listen to your attorney.


Let us know how it goes.


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