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On July 20, 2001, petitioner and his wife separated. She
moved out of the marital premises along with the three children.
Petitioner thereafter filed a Complaint For Divorce in the
District Court, Family Division, Clark County, Nevada, against
his spouse.2 A Decree of Divorce was rendered on February 21,
2002.
In the divorce decree, the "primary physical custody" of the
three children was awarded to Mrs. Gallardo. Visitation
privileges for petitioner were provided. The divorce decree
further provided for payment of child support by petitioner in
the amount of $560 per month and an additional amount of $50 per
month for child care. The decree further ordered petitioner to
pay $3,920 for "back child support", payable at the rate of $50
per month. It appears from the record that the "back child
support" represented petitioner's obligation for child support
from the date the parties separated in July 2001 (7 months at
$560 per month) to the date of their divorce. Petitioner
admitted at trial that he paid no support to his wife and
children from the date Mrs. Gallardo moved out of their
matrimonial domicile in July 2001 until he was ordered to pay
2 The evidence conflicts as to the date the complaint was
filed. The acknowledgment or affidavit accompanying the
complaint is dated Oct. 19, 2001; however, the complaint was
filed with the court on Jan. 10, 2002. The different dates are
not material to the issues in the case.
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