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Custody and child support rules created in divorce agreement (above NH law) and court ruled in favor of, my ex is breaking...

Londonderry, NH |

Divorced in NH. I am party A, ex is party B. Party B agreed to a sum (80% less than what the state guidelines would have set the amount at) weekly. This has been the order for about 5 years.
We each remarried. (In our divorce, we agreed to mediate always BEFORE going to court)
Custody was 50/50 (with flexibility to each other regarding an extra day here or there.) Once he learned my new spouse and I wanted to have a baby... He completely bypassed mediation, served me with a motion to give him sole custody, stop child support, make me pay him child support, order me to quit obtaining my masters degree and return to work, and until I earn $25,000 in a year, he will be claiming both of our children (not one each as we agreed.) I have been and I still am the primary parent.

I perform all of the functions of daily living, life educational issues, social issues, I have been a stay at home parent with them since birth (even after the divorce- until they, entered school, which is when I returned to obtain my Masters. (Child support is based on me making $1,000 per week, even though I DO NOT work... that amt was then reduced by 80% by me for him.) As this custody issue started, my attorney recalculated CS (13 months ago,)however he has not complied with increase. Should I go to the state and request garnishment? I doubt he will win, but if he did, what happens to the $14,000 he owes me? I work hard to co-parent, he refuses... He has not complied with interum orders, he does what he wants. Will this help me at trial?

Attorney Answers 2


You have a very complicated situation, and would be best served by obtaining local legal counsel.

There is no reason why child support would not be enforcing the modified order. As far as the filing of motions prior to mediation, your lawyer should file a motion to either find him in contempt of court for failing to abide by the prior orders, or alternately, to dismiss until he has complied with mediation requirement in your final decree. It sounds like your ex is intentionally violating court orders, and that you are without counsel and are therefore allowing him to do so. Hire legal counsel and stop being abused. Good luck.

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On the parenting issues, you clearly need an attorney to represent you. It doesn't sound like a situation or reason pursuant to which a court would completely change the parenting schedule, but without actually reviewing all the pleadings and understanding the situation in far greater detail it isn't possible to tell you what will happen.

When you say support was recalculated was this actually incorporated into an order? If you have an order for support at the new amount then yes, this will be enforced by the court.

Disclaimer: This response is offered for educational purpose only. This response in no way creates an attorney-client relationship between Anna Goulet Zimmerman/Law Office of Manning & Zimmerman, PLLC and the recipient. Responses are general in nature and should not be relied upon as legal advice. The response given is based upon the limited facts provided, and could be different if additional facts were known.

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