Not eligible for child support due to the divorce decree?

[Hunterman]

Minnesota
On August 16 my ex and I agreed on a divorce settlement. The judge approved and signed off on the settlement on September 6. Child support is in the decree with this wording, "Petitioner has supported the children financially over the past year and is not seeking child support from the Respondent at this time."
My lawyer advised me to at the time to submit the paperwork for support to social services as soon as the judge signed the judgment, which I did.
Today I was contacted by Social Services and told that due to the wording in the divorce judgment that they will not be following up on my request for support.
Needless to say, I am shocked. I followed my attorney's advice exactly.
Does Social Services have the right to end my claim on their own? Shouldn't that be a decision for a judge?
I was also told that it would take a major change in "circumstances" for them to proceed to modify the child support order. But, there's never been a child support order. How can something be modified if it never existed?
Any advice would be appreciated.

 

[LdiJ]

Minnesota
On August 16 my ex and I agreed on a divorce settlement. The judge approved and signed off on the settlement on September 6. Child support is in the decree with this wording, "Petitioner has supported the children financially over the past year and is not seeking child support from the Respondent at this time."
My lawyer advised me to at the time to submit the paperwork for support to social services as soon as the judge signed the judgment, which I did.
Today I was contacted by Social Services and told that due to the wording in the divorce judgment that they will not be using following up on my request for support.
Needless to say, I am shocked. I followed my attorney's advice exactly.
Does Social Services have the right to end my claim on their own? Shouldn't that be a decision for a judge?
I was also told that it would take a major change in "circumstances" for them to proceed to modify the child support order. But, there's never been a child support order. How can something be modified if it never existed?
Any advice would be appreciated.

I think that these are really good questions to ask of your attorney.

 

[Zigner]

Minnesota
On August 16 my ex and I agreed on a divorce settlement. The judge approved and signed off on the settlement on September 6. Child support is in the decree with this wording, "Petitioner has supported the children financially over the past year and is not seeking child support from the Respondent at this time."
My lawyer advised me to at the time to submit the paperwork for support to social services as soon as the judge signed the judgment, which I did.
Today I was contacted by Social Services and told that due to the wording in the divorce judgment that they will not be following up on my request for support.
Needless to say, I am shocked. I followed my attorney's advice exactly.
Does Social Services have the right to end my claim on their own? Shouldn't that be a decision for a judge?
I was also told that it would take a major change in "circumstances" for them to proceed to modify the child support order. But, there's never been a child support order. How can something be modified if it never existed?
Any advice would be appreciated.

It did exist - the court ordered zero support, based upon your request.

 

[not2cleverRed]

Per post #33 of https://forum.freeadvice.com/threads/its-going-to-cost-me-a-small-fortune-to-be-a-witness.654385/page-3#post-3654548

Did you have that "further hearing"?

I think you need to contact your lawyer.

 

[Hunterman]

Per post #33 of https://forum.freeadvice.com/threads/its-going-to-cost-me-a-small-fortune-to-be-a-witness.654385/page-3#post-3654548

Did you have that "further hearing"?

I think you need to contact your lawyer.

No, that hearing is what I was going through Social Services to arrange, which is what my lawyer told me needed to be done. I am beginning to wonder if what my attorney told me in August was speculation on his part instead of something that had been discussed and agreed upon between him and the ex's attorney because there is nothing in the divorce decree about it and it wasn't discussed when we were in front of the judge. The way it was presented to me in August by my attorney is that it would be dealt with later by Social Services, but Social Services is saying they're not going to do anything because support, or lack of support, was agreed upon in the divorce decree.

 

[not2cleverRed]

No, that hearing is what I was going through Social Services to arrange, which is what my lawyer told me needed to be done. I am beginning to wonder if what my attorney told me in August was speculation on his part instead of something that had been discussed and agreed upon between him and the ex's attorney because there is nothing in the divorce decree about it and it wasn't discussed when we were in front of the judge. The way it was presented to me in August by my attorney is that it would be dealt with later by Social Services, but Social Services is saying they're not going to do anything because support, or lack of support, was agreed upon in the divorce decree.

Minor quibble, but it's the "Department of Human Services", not Social Services.

You need to have a court order for child support before you can request help in enforcing child support.

I do not understand why your lawyer thought that this would be in your best interests. He could have just as easily proposed $50/week, backdated to the date of filing for divorce, or some such nominal amount.

Or perhaps this is a scriveners error, which you might appeal to amend.

 

[Hunterman]

Follow up: In July, 2020 the county agreed to proceed with a child support hearing. My ex married an older man who is set for life and therefore she no longer works because she doesn't have to. It was determined that she would be responsible for $50 per month total for the two kids that are still in school. She actually attempted to appeal having to pay $50 per month, but was told that is the minimum amount for child support in Minnesota.

 

[Just Blue]

Follow up: In July, 2020 the county agreed to proceed with a child support hearing. My ex married an older man who is set for life and therefore she no longer works because she doesn't have to. It was determined that she would be responsible for $50 per month total for the two kids that are still in school. She actually attempted to appeal having to pay $50 per month, but was told that is the minimum amount for child support in Minnesota.

Wow. What a POS. At least she isn't your problem anymore. How are the children? Do they see her?

 

[adjusterjack]

My ex married an older man who is set for life and therefore she no longer works because she doesn't have to.

Consider going back to court on that. She is voluntarily unemployed. The court may impute income to her based on previous work, skills, and education.

Of course, there's a trade off. You have to pay your attorney to handle that kind of petition on the chance that you might not prevail. Might cost you more than you get if you get anything at all.

At least you are rid of her and have the kids. Men don't usually fare that well.

 

[stealth2]

One of the things that occurred to me is that DHS may have originally refused to act due to the lack of a passage of time. You can't say on Day One "I don't want support" and then on Day Ten file for support.

When did Mpom last hold a job and what was her (approx) income?

 

[not2cleverRed]

When did Mpom last hold a job and what was her (approx) income?

This was addressed a previous thread.

Mom was fired and facing criminal charges (<- reason for termination of employment). Prior to that, she was gainfully employed. Based on the CS calculator, Hunterman expected CS to be $600/month.

Hunterman deserves both Mother's and Father's Day gifts, IMHO. Mom has put these children through hell.

 

[stealth2]

This was addressed a previous thread.

Mom was fired and facing criminal charges (<- reason for termination of employment). Prior to that, she was gainfully employed. Based on the CS calculator, Hunterman expected CS to be $600/month.

Hunterman deserves both Mother's and Father's Day gifts, IMHO. Mom has put these children through hell.

Aah. So I "keep all of your questions together" ignore thread?