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Tracy M. Rau
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Tracy Rau’s Answers

514 total


  • Do I need to mail a copy of Decree of Divorce to my ex spouse?

    I got my Decree of Divorce yesterday filed and signed by judge. Is my divorce final now? Or I still need to mail another party a copy of decree and file certificate of mailing to the court. Is that necessary? What is going to happen if I don't do...

    Tracy’s Answer

    In order to finalize the matter, you (or your counsel) will need to prepare a document called a Notice of Entry Of Order on the signed Decree and yes, mail it with the attached Decree (after filed) to your Ex. The form for a Notice Of Entry of Order is available from the Self Help Center at the court house. Hope this helps and good luck.

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  • What do i if someone isnt paying child support and you have the order for the court court

    We went to court 13 years ago for child support and hes payed ever since and he stopped paying about 6 months ago and i dont know where he is.

    Tracy’s Answer

    The Office of the DA for child support enforcement does have a greater degree of authority to compel complaint with child support orders than private attorney;s do. Also it is a no cost service to you as a resident of the State. This option can impose a delay on receiving eventual payments but it is nonetheless the best enforcement mechanism if cost is an issue.

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  • How can i change what i pay for child support?

    I lost my job since divorce in may 2015 and cant pay child support, im behind. what should i do?

    Tracy’s Answer

    Sorry you are going through this. You should file a motion to modify your child support obligation based on the change of circumstances you are experiencing with your job loss. It is important that you do this because, until such time as the court sets a new child support order, you are obligated to pay the current amount of support or risk contempt. Hope this helps and good luck.

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  • QDRO details?

    time to do QDRO and im asked to pay $375., nothing in final order? opposing council was ordered to do and now wont do until i hand over $375.? Shouldn't that be in order?

    Tracy’s Answer

    As a standard matter, the costs associated with the preparation of QDRO's to divide pension/retirement accounts are equally divided between the parties. It is somewhat unusual that he Order does not specify this, however as a practical matter, should either party seek compliance on the entrance of the QDRO, it is likely that the Court will order those costs split. Hope this helps.

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  • Joint custody with ex. I want my children attending the school year in Florida with me. He threaten to file a motion-contempt.

    What rights do I have to keep my children with me in Florida where I now reside. Ex still in Reno. Divorce took place in Reno, NV. Children have the opportunity to attend private school here in Florida with me. He wants me to send the children bac...

    Tracy’s Answer

    Since custody/visitation has already been established, In order to relocate with the child you would need the permission of the other parent or the authority of the Court. Accordingly, if you do not return the child, in violation of a current custody order, you would be in contempt of court which may have significant impact on your options moving forward. Contempt should be avoided via compliance with all court orders. Should you desire to ask the court to consider your request to move the child move, you will need to Motion the court yourself. I strongly suggest that you consult with an experienced custody attorney in NV to aid in that effort. Hope this helps.

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  • How can I get legal help with no money

    my custody was so vague it states i have my son around my husbands work schedule so when ever my husband takes off work he keeps my son. my ex is a firefighter and is very vindictive, hes keyed my car, sent nasty texts to my friends and family. ...

    Tracy’s Answer

    • Selected as best answer

    You can visit the self help center at the Family Court house for forms and general procedural guidance. There is also an "ask-a-lawyer" session once a week that may be helpful to you. You could also contact Nevada Legal Services to see if you qualify for any pro- bono services. This is their website: http://nlslaw.net/ Good Luck!

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  • What is the fastest/best way to file for divorce?

    I want to get divorce done asap. My husband cheated on me for years. He says he is waiting for the papers and willing to sign but I don't trust him. Would you recommend filing for divorce together with irreconcilable differences, or against him fo...

    Tracy’s Answer

    Since Nevada is a no fault state, the grounds for the divorce will be irreconcilable differences. How fast or long a divorce takes has to do with how many matters the parties agree on. With agreement, the process can be shortened significantly. I strongly suggest you have a consultation with an experienced divorce attorney with whom you can discuss the specific facts of the divorce and explore areas of agreement v disagreement in order to provide the most useful guidance to you moving forward. Good luck!

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  • Child custody proposed trial order from other side leaves out things they were denied

    I received the proposed order from the other side, and it includes the things at the trial that I was denied, but it leaves out the things that they were denied. Is this important that my version includes the things they were denied also?

    Tracy’s Answer

    I agree with the prior answers and highlight that how "important" that which was left our may be depends on the details of the court's findings. Sometimes folks go back and forth on order terms that really do not amount to much and other times it is very important that the orders specifically denied by a court are included in a resulting order. As a result, you may want to consult with an experienced custody attorney to discuss the omitted items. Mr. James provides the general procedure for having your order considered by the court. Good luck.

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  • My ex doesn't allow me to take the kids out of town for 5 days

    Our divorce was finalized last June through default but after receiving the divorce papers he filed a contest that I already took care and we are scheduled for a hearing. I told him that I will take the kids for a summer trip to San Diego from Aug...

    Tracy’s Answer

    I agree that more information is needed in order to provide specific insight. In general, a parent may object to vacation time or our of state travel assuming they have a good faith and reasonable basis to do so, as in the case of prior scheduled alternate plans etc. A parent should not withhold consent to such trips without a good faith basis to do so. I suggest you speak to your attorney or, if you did not have one in the divorce that you consult with one on this issue as the text of your question seems to indicate your suspicion that this may be a containing problem. Hope this helps and good luck.

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  • Is my second marriage valid if I never divorced my first wife?

    I married my first wife in California when I was young. We separated but never divorced. I met my second wife years later and married her while living in Nevada. Since I never divorced my first wife, is my second married recognized as lawful? Is m...

    Tracy’s Answer

    As to the legal validity of your second marriage the answer is that it is not legally valid but rather it is void under the law since one must be unmarried to become married and you were not unmarried at the time. This fact pattern also raises issues concerning polygamy. This does not mean however that your second "wife" is not entitled to certain property rights under the punitive spouse doctrine. I strongly suggest that you consult with an experienced domestic relations attorney on these issues.

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