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I waved 12 years of back child support in my divorce decree…

I waved 12 years of...
I waved 12 years of back child support in my divorce decree filed in nevada, because my ex wasn't claiming a low income. It's been 2 1/2 years and now I find out he's making millions annually. The wrench in the story is that he transfered his plumbing business into his live in girlfriends name. (They've been living together for more than 10 years in California) can I modify the back child support I waved and ask for more than $177.00 a month he's paying now? That amount was modified from $400.00 a month through the D.A office after he claimed a hardship and loss of income backed by a sworn affidavit from his employer (his girlfriend) stating she only pays him $1600.00 a month. My children were 16 and 14 at the time the divorce was finalized, meaning he only had a few years to pay total.
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Answered in 5 minutes by:
8/3/2017
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,264
Experience: Attorney with experience in family law.
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

Rule 60 of the Nevada Rules of Civil Procedure allows a party to move to have a judgment set aside on the grounds of fraud. If you waived child support because the father hid and misrepresented his income, that's grounds to have the agreement to waive support set aside. The judge can reopen the case and order him to pay dating back to the date the case was filed.

He will also be required to pay support for the 14-year-old going forward.

It's possible to file without a lawyer, but it may help to have one, especially since he probably will. Your lawyer will be able to file a motion asking your ex to pay your legal fees, because you wouldn't be back in court if not for his fraud.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

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Customer reply replied 11 months ago
I guess what I'm asking is can I get the 12 years arrears back? Even though I waved them. Note we were separated for 12 years before the divorce was final.

You can, because you waived the arrears based on his fraud.

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Customer reply replied 11 months ago
Do you know how I sould go about it based on the fact that I am a single mother living month to month? And will they look into the fact that all his income from the plumbing Co is in her name not his?

They'll consider the fact that he's running a business in his girlfriend's name as part of his fraud.

As I said, you may be able to find a lawyer who will file a motion asking that he be required to pay your legal fees. That's your starting point. Fraud can be tricky to prove, and it will help to have someone on your side who knows the legal system. A good starting point is www.martindale.com.

Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,264
Experience: Attorney with experience in family law.
Verified
Lucy, Esq. and 87 other Family Law Specialists are ready to help you
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Customer reply replied 11 months ago
Thank you so much. Do you think a lawyer would take my case with out money up front?

It depends on the lawyer. If you explain how much money your ex has and that he hid it, yes, you may be able to find someone to take your case.

Please rate my answer positively to ensure I get credit for the time I spend helping. If you are on a mobile device, you may need to scroll to the right. Thank you.

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