getnscrewed
recently joined
Reged: 08/03/12
Posts: 5
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In trying to work things out with my ex I signed an order in 2009 and she did not disclose to me that she put in the order non-modifiable. (I was depressed/devistated and its so my fault for trusting her) but I lost my job and got a new one but the level of CS in my current order is 98% of my net wages. HELP!!! Anyone know of any laws or anything that can help me. I am in the middle of the CS modification and the judge is questioning the current order.
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gr8Dad
Carpal \'Tunnel
Reged: 06/07/04
Posts: 30199
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There is no such thing as "nonmodifiable child support".
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Why give a "senior" discount, they have had plenty of time to raise the money...
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getnscrewed
recently joined
Reged: 08/03/12
Posts: 5
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In our evidentuary hearing this is what she wants to address... "Intent of parties entering into the order of June, 2009 and specifically whether the parties intended that the 2009 orders be non-modifiable" We have to bring proof. This case is so complicated... It sucks! CS is in the order to pay the CS until the kids are 33 years of age. I am trying to figure out how to respond to this ridiculous wording my ex put in there without telling me. I know accountability for not reading and trusting but now it's SCREWING me bad!!!
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getnscrewed
recently joined
Reged: 08/03/12
Posts: 5
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[quote]There is no such thing as "nonmodifiable child support". [/quote]
Help me! I don't understand why the court would even entertain such a statement in the order. Let alone consider enforcing it.
Do you know of anything that I can use in my defense in my evidentuary hearing?
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Debi
Carpal \'Tunnel
Reged: 06/03/05
Posts: 7135
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I didn't see what state you're in but I googled "non-modifiable child support" and found information from 5 different states that say CS is ALWAYS modifiable. (Not that doubted gr8dad but I wanted to see what I could find)
I don;t think the judge can stick to that. I also don't think he can stick to the 33yo CRAP. Get that out atthe same time. It's moronic.
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When we were together, you said you'd die for me. Now, I think it's time you kept your promise.
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getnscrewed
recently joined
Reged: 08/03/12
Posts: 5
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When I looked it, I got the same information too. I'm in WA State and I was just curious as to why the judge would even entertain this is our modification...
Thanks for the validation!
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MinnesotaMom
member
Reged: 01/05/11
Posts: 170
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Your decree is not within the scope of the law and the CS is modifiable regardless of what your decree says. You could have also had it written that your ex gets 50 lashes if she's late dropping the kids off....but again, it's not enforceable.
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NewMexPop
recently joined
Reged: 12/22/11
Posts: 18
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Contracts have to abide by the laws of the state, and if they are in conflict with the law, the law wins. So if the state law says CS is always modifiable, then the state wins and it is modifiable. Also, you must READ the contract again every time before you sign it. You do need to prove a significant change in circumstance to have it modified unless it is up for periodic review.
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