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Badly Written Divorce Decree (change)

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sailing7

Guest
What is the name of your state? oregon
In my divorce decree it states that I am to pay my ex-wife $900.00 spousal support. Both parties agree that this is really child support, but the judge suggested to make it spousal so that I could get the tax benefit since my ex had no income at the time. Then their was the issue of day care. I was to pay $400 directly to the day care. I ask my attorney on the day of our settlement that if their was no day care expense. I would not have to pay it. He said that I would not. When the papers were written up he called the day care amount child support and that it was to be paid to day care. I asked him why he put in the words "child support" he said because their is no legal provision for day care?? We'll my ex thinks that she is due the $400 per month ever since the children stopped going to day care. I never would have agreed to this because the judge took the day care expense of $577.00 per month in consideration when he came up with his figures and I new that my children would only go for about a year or so due to their age.
The battle is now money for that period? How can I go back to court to change it with judge or what should I do?
 


annefan

Member
File a petition to modify spousal support. The petition should motivate the former wife to file a separate petition for CHILD support.
 

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