Legal Question in Family Law in Nevada
My child's father filed a motion to modify child support but he doesn't have a child support order to modify. I think he filed the wrong paperwork. How do I send a response? Do I file an opposition to his motion even though it isn't correct?
1 Answer from Attorneys
While a judge might just deny it, a judge might also set child support. If it were me, and you don't have a child support order, I would file a countermotion to get child support set and get "constructive arrears." Under the law, a Judge can set child support for the previous four years and set up a payment plan to set up to pay the back payments. Additionally, if the father did not try to contact you before filing the motion, he could be liable for your attorneys fees. Finally, it is important to know if there has been an order for paternity as it appears that you were not married to him.
If you have any other questions, please contact me at [email protected].
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