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ex-wife. she has even gone to the office of support enforcment to tell them she does not want the money. but now the lincoln enforcment is after me for late payments. is there not a form that can be filed without having to resort to a lawyer or court , so that we can stop the payments and stop the enforcment office from nailing my poor hide to a door? our child went into foster care and placedwith me until she reached her magority and the courts cut her loose. but the divorce degree still kicked back in and the payments continued. even after my ex-wife told them she did not want the money. can't they stop this on their own without lawyers and court dates. or is it too dawm simple to work?

2006-10-05 07:47:47 · 4 answers · asked by puertoricanhusker85 2 in Politics & Government Law & Ethics

4 answers

I'm not familiar with the specific laws in Nebraska, but assuming that you not paying has a legal basis (keeping in mind that your ex may or may not have the legal right to free you from the responsibility, as pointless as that would be) you should be able to resolve the issue without a lawyer. My suggestion is to contact the court that issued the child support order (the family court, the court that handled the divorce, or whatever) to ask for help. The judge can simply nullify his order. This may not be necessary though, it may only require that the right agency be contacted, and the court should be able to handle this as well.

Find the contact information for the court, speak to the clerk, explain the situation and the clerk ought to be able to tell you what your next step should be. Be prepared to give any information about who you or your ex spoke to, what paperwork was filed with whom and when, etc.

If that doesn't work you should probably contact your lawyer to avoid getting put on a deadbeat dad list or some other such ridiculous thing. It's not fair that the legal system is designed to keep regular people from helping themselves, but paying your lawyer a few more hours would be better than having to deal with getting arrested or your wages being ordered garnished =\

Good luck and just be thankful your ex is reasonable, this kind of thing is a LOT easier in those circumstances.

2006-10-05 08:05:46 · answer #1 · answered by azraelnightstar 2 · 0 0

yes you will have to get a lawyer. Tell your ex to deposit the funds she is recieving into an interest bearing savings account with the child's name and hers. When the money is decided by the court to be reimbursed to you from the date you have begun your second custody of the child (first that which you were living legally married with your ex). This money can be repaid back to you in a timely manner and any penalties that may have incurred maybe helped with the added interest during the time in which you will have to overturn the decree of support payments. You will not need a pricey lawyer, a newbie right out of college will do the trick, being that there is going to be no contest on your ex's part, this should be very cost effective and speedy. Do shop around for cheap retaining lawyers though, that shouldn't take too much time. Troll your local yellow pages. Good luck.

2006-10-05 08:00:29 · answer #2 · answered by Anonymous · 0 0

You both need to have an attorney file a petition with the court. The court will make a court order, and that will have to go to the Office of Support Enforcement. Do not be surprised, if you still have to pay some of the money that your ex collected, while this was going on.

2006-10-05 07:56:46 · answer #3 · answered by Beau R 7 · 0 0

howdy, We had an identical concern at the moment. some again newborn help develop into due, the newborn develop into residing with us, and so on. without moving into to courtroom, replacing an settlement (no count number how amicable it may look) isn't a good idea. specially, if she makes a call she's now no longer pleased with the settlement (or out of spite), she will take him to courtroom and the courtroom order will be inforced (no longer the settlement they produced from courtroom). We did bypass to courtroom, the settlement develop into changed, and the again help offset with what she had to pay. thankfully, we were in a position to attempt this through courtroom ordered mediation to reduce the finest expenses of holding a legal professional. For the again newborn help, usually what the courts will do is "offset" what he owes with what her month-to-month funds will be now that you've custody. the first step, even with the actuality that, is to get a legal professional (tho some belongings you may do your self, that's only a lot less complicated with a legal professional), then petition the courtroom for a replace of residency. That way, they're going to understand the newborn is now residing with you and may want to set an volume that she could pay. as an social gathering, if she has to pay 100 and fifty a month, and he develop into to pay a similar volume previous to the move, they're going to offset each and every fee antagonistic to how a lot he owes. it may take a count number of years (searching on what percentage funds he's ignored), earlier she'll owe you all some thing, yet a minimum of you heavily isn't persevering with to pay her for a newborn she now no longer has actual custody of. till that's through a mediator, attempting to do any of this out of courtroom isn't recommended because it may't legally be enforced. good luck to you, your husband and step-daughter! And, if i'd, I commend you and your husband for doing all of your perfect to maintain your doorstep-daughter in a threat-free surroundings!

2016-12-04 07:36:03 · answer #4 · answered by harbert 4 · 0 0

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