Divorce Decree or Property Settlement Agreement, which do we go by?

J

jlt1976

New member
Our divorce decree says we have joint custody with her having primary physical custody and the court finds no child support at this time. Our property settlement agreement states we have joint custody and share in the cost care and maintanance of the kids with both parties agreeing no child support to be paid. Now a year later she wants child support? Which one do I go by?
the property settlement agreement was incorporated into our divorce decree. also she was to indemnify me off her vehicle and she did not and defaulted on it and i had to take over payments on it and take it from her to keep it from being repossesed, is she in comtempt?
oh yeah i pay for everything for the kids...phone bills, gas, vehicle and gas, school clothes and supplies and all school activities...she pays nothing plus is on public assistance. i dont understand at all.
 
No child support at this time, means just not at that moment. She can ask for it any time she wants. All she has to do is open a case. Sorry, but you need to help pay for your kids. As for the car, you could have taken your own name off i do believe. All you had to do is send them a copy of the divorce. You would have to ask the court. If you decided to keep the car, then i would think the bill is yours. As soon as the divorce was done, you should have insisted on it being taken off. Your loss i think. The most i think could happen is the judge order her to pay you back and take you off.


Well if you pay all that, that will be taken into account if she files for support. Also, it will depend on how much you make. If you make a lot of money, you more thank likely will have to pay a little something. Make sure you keep reciepts for everything you do for the kids. If your ex is having a hard time right now, why not be nice and ask her if she wants you to take the kids until she gets on her feet? If not, then just keep doing what you can and if it gets worse, go back to court.
 
Ask the court

She has to go to court to get child support now -

the settlement / decree will have to be amended for her to receive child support

I am not a lawyer - just using common sense

The vehicle thing may not be worth the time and money to settle
 
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