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Advice Concerning Special Circumstance

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JenMartin6672

Junior Member
undefinedWhat is the name of your state?New Mexico

I have a question. I went through a legal divorce, it was decreed as final in Aug of 1994. My daughter was born 1992, but she wasn't included in the divorce, because at the time, I was young and just wanted it over with. How can I go about resubmitting her so that I can collect child support from the father, my x husband? Also, would there be question to the legality of our divorce, since she was not included in it?
:confused:
Jennifer Martin
 


Phnx02

Member
My God, why didn't you include CS and the future welfare of your child together in your original divorce decree? If this child was a product of the marriage, this should have been a given. Did you have an attorney?!?!? Irregardless, you can still file for CS. Contact your state CS office on how to proceed.
 

Shay-Pari'e

Senior Member
JenMartin6672 said:
undefinedWhat is the name of your state?New Mexico

I have a question. I went through a legal divorce, it was decreed as final in Aug of 1994. My daughter was born 1992, but she wasn't included in the divorce, because at the time, I was young and just wanted it over with. How can I go about resubmitting her so that I can collect child support from the father, my x husband? Also, would there be question to the legality of our divorce, since she was not included in it?
:confused:
Jennifer Martin
Forget the other poster. You need to look at your decree very closely. You say your child was not "INCLUDED".............Of course your child was included in that order. Take a long hard look.
 

JenMartin6672

Junior Member
Re: Special Circumstance

My daughter was born during the marriage. But, we were already seperated when I gave birth. He saw her once when she was one month old, and has never seen her since.

New Mexico
JenMartin
 

JenMartin6672

Junior Member
Re: Special Circumstances

New Mexico

No, she was never included in the divorce. I filled all the paperwork out myself, and when they asked if any children came from this marriage, I checked NO and moved on. Regardless, her birthcertificate states him as her father because according to the Office of Vital Statistics, I couldn't leave his name off of her birthcertificate as we were married at the time of her birth, unless he filed paperwork denying paternity. Which after long screaming matches over the phone, he refused to do. The decree of divorcement itself, states there were no children from our marriage. I discluded her simply to keep him from getting his talons on her at any point in time, and so that the marriage would end quicker and quieter. The divorced was filed in ALBQ, and he lived in Carlsbad, so there wasn't a huge search for him, they just had me send a letter to the local police department down there to see if they'd deliver to him, and I had to post it in the local paper there for one month. No reply came from him, so the judge decreed the divorce finalized and we all went our seperate ways. After about a year, we had an informal hearing, where no paperwork was filed, that a judge stated that he 'recommended' that Richard pay $250 per month, if not more. The reason I know no paperwork was filed, was because four months after not getting anything, I went to the courthouse, case number in hand, and they couldn't find one single document for that number. So, basically, I'm at a standoff, can I file for child support, or did I penalize myself with what I did?

JenMartin
 

Shay-Pari'e

Senior Member
(QUOTE) After about a year, we had an informal hearing, where no paperwork was filed, that a judge stated that he 'recommended' that Richard pay $250 per month, if not more.(QUOTE)

Do you realize you are on a legal web site? So you want us to believe a judge in your dicorce hearing did not know you had a child born in this marriage, and your hubby never mentioned it either?

Now you state a "INFORMAL" hearing was held and "recommended" his support payments?, yet you never filed that order with the clerk?

Who do you expect is going to believe you except you
?
 

JenMartin6672

Junior Member
Re: Special Circumstances

What state are you in? One, this is New Mexico, it cost me all of $10 to get divorce, and that was the filing fees for the divorce. The only time I saw the judge was when he signed papers, I never actually went to court. It's called pro se (in other words 'do it yourself'). I was told in the second 'hearing', which was when Richard and I appeared in the judge's office, that Richard was to file the paperwork. Which, obviously, he didn't do. Don't go jumping into conclusions when you have no freakin clue what the hell you're talking about. I have the final decree, which I filed myself, paid the whole $3 for it. $2 for the credit assumption, $5 for the initial filing. Look it up yourself, if you don't believe me, that's the way things are done here. Judge's don't even have to see your damn Marriage certificate, let alone the spouse. So get off your high horse, and learn.

JenMartin
 

Shay-Pari'e

Senior Member
What state are you in? That doesn't matter, but it is posted on my response.


One, this is New Mexico, it cost me all of $10 to get divorce, and that was the filing fees for the divorce. The only time I saw the judge was when he signed papers, I never actually went to court. If you saw the judge and he signed papers, you most surely were in a court room.


It's called pro se (in other words 'do it yourself'). Most who post here are very well aware of that.


I was told in the second 'hearing', Is this another time you were not in a court room? :rolleyes:


which was when Richard and I appeared in the judge's office, that Richard was to file the paperwork. Which, obviously, he didn't do. Don't go jumping into conclusions when you have no freakin clue what the hell you're talking about. I have the final decree, which I filed myself, paid the whole $3 for it. $2 for the credit assumption, $5 for the initial filing. Look it up yourself, if you don't believe me, that's the way things are done here. Judge's don't even have to see your damn Marriage certificate, let alone the spouse. So get off your high horse, and learn.

I won't waste any more time on your post, I will just appreaciate that I am not you and can afford a heck of alot more than 5 bucks to divorce "Richard". :rolleyes: JenMartin[/QUOTE]
 

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