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married by submitted noticeo of entry of judgement

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siverson

Junior Member
I am in Long Beach California

in 2005 my wife and i worked with two attorneys to come to an agreement on child support and other monthly payments which was entered into a Notice of Entry Of Judgement.

Since then we have not gone to court to see a judge and finalize the divorce, but each year have extended the divorce date as my wife is not working and has health issues, so i have decided to keep here on my insurance. This would go away if we got divorced.

The problem is i am paying $1000 a month for my 2 children ($500 a piece) and also day care $280 month.

My kids are no longer going to day care, and my son will will be admitted to a residential program in UT and the state of CA will be picking up expenses for my son.

My question is can i just stop paying day care (until she proves the kids are going to day care) and also child support for my son until he come back from UT, could be 10 months or do i need to hire an attorney?

thank you in advance.

Scott
 


mistoffolees

Senior Member
Legally, you're still married and there's no court order regarding support, so any support you pay is voluntary.

You don't need to continue paying if you don't wish.
 

LdiJ

Senior Member
Legally, you're still married and there's no court order regarding support, so any support you pay is voluntary.

You don't need to continue paying if you don't wish.
Whoa Misto, that may not be true at all. Just because the divorce is still pending doesn't mean that custody and child support orders have not been made.

In fact, the begining of his post reads:

in 2005 my wife and i worked with two attorneys to come to an agreement on child support and other monthly payments which was entered into a Notice of Entry Of Judgement
That sure sounds like a court order to me.
 

Isis1

Senior Member
And um, what makes you so sure the state won't come after you for reimbursement for housing your child?
 

CourtClerk

Senior Member
Scott:

What you need to do is file for modification of the child support order if one or both of the children are no longer attending daycare.

Do you need an attorney to do it? Nope and it can get done in about 6 weeks. How old are the kids?
 

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