Legal Question in Family Law in Nevada

divorce

my ex husband demands a settlement of �23000 and i cant aford to pay that and im not in a financial position to get a re-mortgage on the property. At the same time he is not paying child maintenance towards the children but if he did until the youngest child reached 16 he would have paid in the region of �23000 so is there a case for me to say that he dosent have to pay maintenance and in return he dosent receive this money and he signs house over to me?

If there is no case then my lawyer is saying that he can evict me from property along with children so that it can be sold. If this happens he will receive his money and he will still get away with not paying any money towards children


Asked on 4/23/06, 5:46 pm

1 Answer from Attorneys

Andrew Dutton Legal -Zone

Re: divorce

You will appreciate that without further information it is impossible to say whether the settlement required by your ex husband is reasonable or not and in line with that which would be ordered by the court. However where ever possible the court will avoid making an order that would require the sale the former matrimonial home when there are children that need to be housed. It is therefore unlikely that you would be required to sell your home immediately to make a payment to your ex-husband.

The payment of maintenance by a parent is a right which your child has and which you may not give away. Therefore the settlement which is eventually arrived at between your husband and yourself cannot release him a from his obligation to maintain your Child.

I do not think that there is anything else which I can usefully say without knowing more about your particular case, but if you would like further help and advice, please do not hesitate to get in touch.

Andrew Dutton

www.legal-zone.co.uk

[email protected]

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Answered on 5/02/06, 7:30 am


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