QUESTION
How can you be ordered to pay child support when you were never served with papers??
Asked on Aug 17th, 2013 on Child Support - Nevada
More details to this question:
My fiancé just received a letter from the Nevada office of the district attorney stating he was two months due on child support and he was never even served with papers. He moved back to Tennessee in may of 2012 when he signed the papers. He received a packet of stuff from his ex back in April with copies of her income and expenses and forms to fill out with his income and expenses as well. There were copies of court documents about a hearing on May 6th. He didn't pay too much attention to it because it came from her and he figured if it was important and legit then it would have come from the courts itself. Well so this letter yesterday said he failed to appear in court and his child support was two months behind and he now owes $600.00 on top of the $300.00 a month. How is this possible when he was never served with papers?? Sounds shady to me. And on top of that, she is a nurse and just married a man whose is also a nurse. So their salaries combined are 5 times the amount of his. And she broke rules in the divorce decree and was never penalized even though he contacted her lawyer about it. Any info is greatly appreciated!!
1 ANSWER
Your facts are a bit scattered.
Misbehavior in the divorce has nothing to do with the liability you appear to be asking about. My guess is that custody was discussed in the divorce decree, as was support, and that your fiance did not comply with the orders, which the D.A. is now trying to enforce. Whether service on the facts was required (or adequate) is beyond what I can see from what was disclosed. What "papers" he signed may well be relevant to that question.
Finally, her (and especially, any of her new spouse's) income is not relevant, at least directly, to the Nevada child support formula, as to the amount of his obligation. See http://willicklawgroup.com/child-support/.
Answered on Sep 01st, 2013 at 6:26 PM