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Old 02-02-2017, 04:38 PM
Pursuinghappiness Pursuinghappiness is offline
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Quote:
Originally Posted by Sweetie79 View Post
Thank you Paris,
Yes you are correct, there is a previous order that dealt with custody and cs.
I filled for divorce yesterday. A court clerk explained to me how the process works. I have to serve the ex and swear an affidavit of service. 30 days after he is served if he doesn't respond/contest ( He won't), I have to file another batch of papers. Form 36 being one of them.

Question 11 of form 36 is as follow:

11 These are the arrangements that have been made for the support of the child(ren) of the marriage:
(a) The income of the party paying child support is $ I don't know per year.
(b) The number of children for whom support is supposed to be paid is (number) 3.
(c) The amount of support that should be paid according to the applicable table in the child support guidelines is $ I don't know as I don't receive any per month.
(d) The amount of child support actually being paid is $ none per month.(Including section 7
expenses)

Now, I was told that because I have not been receiving cs, that the judge will not simply grant me the divorce. I apparently am going to have to go in front of a judge and will have to deal with cs all over again. I don't want to be stuck in court for 2-6 years to deal with cs again !!! He won't pay, I don't want to fight for it. I just want the divorce.

So what I really wanted to know is if this is true. Do I really have to go through all the bs about cs again? Will a judge deny or drag my divorce for years until cs or lack of payment gets dealt with?

Or do I just use the numbers $$$ from the original order to answer these questions ? Based on his income back then he was ordered to pay $610 of cs.
I would use the original numbers for a,b,c and for d) use none and list his arrears amount.

You have an order and you're not going to get an updated order unless he supplies new financial information...taxes, paystub....so you have to use what you had at the time of your agreement. Nor are you asking for a financial disclosure to update your previous agreement.

I don't see an issue here. You have an agreement and arrears don't hold up divorce actions. Now if you didn't have an order at all..that would be an unresolved issue and I can see the clerk's point. But that isn't the case.
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