- April 20, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Situation Overview
A friend is currently navigating the child support process and recently had their first court appearance. During the hearing, they were informed that they would be responsible for paying $1400 per month in child support, with back pay dating back to April 2023. Moreover, the other parent, in an act of retaliation, has restricted their access to the children and even allegedly stolen $2000 from them during their separation.
## Current Dilemma
As a result of the court’s decision, and with no final agreement reached due to the absence of a birth certificate, the next court appearance is scheduled for April. This delay means that the back pay amount will accumulate to a staggering $16,800, a sum that they are unable to afford.
## Consider Legal Assistance
Given the complexity of the situation and the financial burden imposed by the court’s ruling, seeking legal counsel may be necessary. A lawyer can provide guidance on navigating the child support process, negotiating a more manageable payment plan, and addressing the issues of stolen funds and restricted access to the children.
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Child support and visitation are two separate issues, so yes he should get a lawyer to help with that.
As for the back pay, that’s child support for you unfortunately. You can really argue that to be taken care of unless the co-parent agrees
Yes.
I would say yes – particularly if the other parent is being contentious about visitation. Sounds like he needs a court-ordered custody arrangement so the other parent can be held accountable if they don’t comply.
As far as the arrears go – yeah, that’s terrible. It is what it is. Try to get the court to have payment plan (main support payment plus a small amount to go towards arrears) so he doesn’t have the CS agency all of a sudden suspend his license. That can happen – retro support is awarded and no accommodation is made to the obligor, so a license suspension is triggered the same as it would’ve been had it been a long-standing order that went unpaid.
Child support and child custody are 2 different things. I would bave him pull all attempts to ask for children and document to present in court. Now everyone will say for him to get a lawyer, but my lawyer ran me up $16k before even appearingnin court. They’re expensive…I ended up representing myself innthe end and won on my own. If ex doesn’t have a restraining order against him. Then she can’t keep the kids away without a reason. So if she hasn’t filed for one then he’s a step ahead.
I didn’t read your post…. however the answer is absolutely yes
Wait wait…what does the birth certificate have to do with anything? Has paternity not been established? If paternity hasn’t been established, then CS may take longer.
As for the visitation, yes, he should get a lawyer. Child support is based on the number of overnights with the NCP, so as long as he isn’t on a visitation schedule, CS will be calculated at the fullest amount.
Yes please get a lawyer. I’m 14 years into a case and highly regret not getting one. The 2-5000 would have been nothing after paying over 100k. Visitation and cs is absolutely the same thing..in part the more Visitation the less cs…and income plays a part.
He may want a lawyer to go through the visitation agreement, so that he has access to his children. However, child support is calculated from a formula in most states and really the only changeable variable is how many overnights he has with the kids. That won’t be retroactive. If the kids have spent most of the time with their mother, then regardless of how cooperative she has been, she’s still spent money raising the children, so she’s owed that support. The money is not for her; it is for the children and their quality of life, which he is responsible for no matter what. And yes, he should immediately begin working on a payment plan before he loses his license or gets jailed. There is a child support office through the state; he should call and ask questions, and he needs to make sure the money he starts paying is paid through the state so it’s an official payment and not a “gift.” Most states also have online child support calculators, so he should use them to get a sense of whether he’s getting a typical deal. $1400/mo sounds normal to me. He should know that he may owe more than that; he may also be required to carry health insurance for the kids, as well as a percentage of the daycare and medical and extracurricular expenses, based on his income.
Many states have rules on how often child support can be reviewed, such as every three years, so he should look up the state rules on that. If the judgment was entered, it might not be appealable for some time. If the judgment has not yet been entered, then perhaps it could be modified.
Also, it is not really arguable that she “stole” money from a spouse, since it was jointly their money. If she spent the money on an affair, then it might be considered misuse of marital assets and she might have to account for that in the split of assets, but if she used it for any other purpose, she had equal rights to the money.
1) he should do two things, get a lawyer for the civil suit against his ex and use the lawyer to help him through custody proceedings. always ask for 50/50 and primary custody unless you genuinely don’t want to watch them. a father should want to half them at least half the time.. keep in mind that more than 80% of the prison population comes from a single mother household.
2) he needs to study case law and history to begin a suit against the Department of Revenue, child support services, every judge touched his case and probably the attorney general whose jurisdiction he is under. lots to learn and lots to pay attention to. make sure he does his research and and studies supreme court rulings (not just the ones that involve child support) learn the history of the social security act and title 4-a and title 4-d
no lawyer is going to help you with the 2nd thing. they make too much money off of working with the county judges and if they lose the good graces of the local and state systems they will be silently punished by getting less work and they will do worse on their cases by losing rapport with the local judges (who are typically receiving retirement bonuses from the DoR or CSEA) also the attorney general will often get in the way to make sure your cases never get moved to a higher court, and the attorney gen will straight up stop judges from accepting agreements between parents to not even use child support. but finally people are starting to stand up for themselves. the courts hid behind the term ‘child support’ for so long it has started to lose it meaning. its about farming a certain type of citizen (higher income earning split parent) to subsidize an unaffordable welfare program.
family law lacks due process, and they don’t consider stealing your money to be punitive(which means they never have to give you a reason for doing it) a judge literally told me he didn’t agree but ‘policy says this is what we are going to do’
don’t let people tell you fighting child support is bad. if we fix child support then the state might actually start requiring people to only purchase healthy foods with food stamps and even hold single parents accountable for how they spend the child support they do receive.