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Maverick
Maverick, Lawyer
Category: Family Law
Satisfied Customers: 5927
Experience:  20 years of professional experience
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I need someone who is familiar with Nevada's law. I recently

Customer Question

I need someone who is familiar with Nevada's law.I recently got divorced, and as per the decree released on June 13th, 2016, my ex is to pay me $150 a month for the health insurance premium I paid for him while the divorce case was pending, attorney's fees, expenses I have incurred while he forcefully kept me away from US). Since the decree, he has not paid a penny, and when I asked when he would start paying, he never answered my question. I have not gone to court to enforce the decree, as I was hoping to have communication with him regarding the issue first. But he filed a motion for reduction of monthly payment for debt resolution. He presented pay stubs, and omitted to report sources of income for the work he does as a 1099 freelancer, which of course I hold no records of.
I want to file an answer, but is it an "opposition" or simply an "answer" to the motion?
Submitted: 4 months ago.
Category: Family Law
Expert:  Maverick replied 4 months ago.

Welcome! My name is***** give me a few minutes to review your inquiry and I will be back.

Expert:  Maverick replied 4 months ago.

You may want to look into filing a motion to enforce the divorce decree AND also filing a response to your ex's motion for reduction. If you have no written proof of his omitted income, then you may want to look into conducting written discovery during the litigation so that you can obtain the needed proof. Once such proof is received, you may want to look into attaching that evidence to your motions along with a supporting affidavit. You may also need to testify on the witness stand under oath at any hearings regarding these issues to prove up the unreported income sources.

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Customer: replied 4 months ago.
two separate filings?
1) Motion to enforce the divorce decree
2) Response as an "answer" or as an "opposition"?
As far as conducting written discovery, what steps would you suggest for me to obtain proof?
And what is the purpose of the supporting affidavit? (so that I can understand what to do, and do it correctly)
Expert:  Maverick replied 4 months ago.

1. (so that I can understand what to do, and do it correctly)

As mentioned in my disclaimer, please view this information as an educational tool to help you understand when and with respect to what areas you may need to hire a local lawyer.

2. If I were doing this for myself, I would file both a motion to enforce and an opposition to the motion for reduction.

3. For written discovery one thing I might consider doing is using a request for production of documents. Here is a sample form for you to use as a GO-BY to develop your own.

4. A motion or response has three components; the substantive law, the procedural law, and the evidence or supporting facts. The affidavit is used to present the evidence/facts under oath. But, it may not preclude the requirement of testifying at the hearing also.