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"entered" vs. not entered

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S

SRMcMahon

Guest
What is the name of your state? ND

What does it mean, if anything, when an amendment of support has been entered and what is the status of that amendment before it has been entered?
 


S

SRMcMahon

Guest
Interesting. Now, we have this local court system that seems to be in constant chaos, right hand doesn't know what the left had is doing. Three years ago my child's father received notice that 3-year review of child support was to be done. He was ill, attended some but not all hearings, and looking at the paperwork it looks like there were overlapping hearings--almost like the state was handling this case in duplicate without realizing it. One judge would continue the matter till a later time, and in between there would be a hearing before different judge without reference to the most recent hearing. It is hard to determine from the papers which hearings were for enforcement purposes and which for purposes of reviewing the child support order. Anyway, it all looks very, very muddled.

Anyway, the amendment was never "entered" until recently, after his death. I'm the obligee, we had married in the meantime, but the state is pursuing a claim to the support, and I will be attempting to make a claim against the state for other related reasons. If the amendment was never entered would that be a way to get around the Bradley amendment prohibiting retroactive reduction of child support?

Inasmuch as the same enforcement agency just tried to take MY assets to recover HIS arrears (without putting my name on the lien they briefly succeeded in imposing) I have to wonder what other screwups are possible.

If there's a disputed amount of, say, $6000, lawyer fees here average $150/hr, and I do have all or nearly all records from proceedings when the support was modified, is there a good chance of coming out ahead? (For the spectators out there, I have a good reason for trying to get my hands on every dollar possible. Between hubby, son, and self, there are some $40,000 outstanding medical bills still to be paid off. It's not like I want to go to Cancun.)
 

gphjr

Member
I don't know about all of that. I suggest you use this site and find your state statues about retroactive CS. I did most of the research before I talked to my lawyer so that I can steer him in the direction I wanted to go in to reduce fees. Check the statues and try to find some other cases pertaining to your stiuation.
 

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