Journey Posted June 15, 2012 Share Posted June 15, 2012 I went to court the other day to try to get an increase in my daughter's child support (first time in 17 years, only time really). Her father brought an attorney, I didn't as i thought it was a pretty cut and dry thing. NYS law says he has to pay. Anyway, while we were in the courtroom his attorney hands me some papers. I had no idea what they were for (never did this before) so i put them aside. Court ends, we leave, i get home and read the papers (it was a petition) and in it there are some things that the father is saying that are flat.out.lies. What do i do about this? i want the judge to know these are lies (she's in the process of making a decision whether this matter stays in her court or if it goes to Family Court because he doesn't want to pay ANY child support). I don't want to make a nuisance out of myself but i would like her to know that what he is saying isn't true and i have my daughter (17 years old) to back it up. Quote Link to comment Share on other sites More sharing options...
brehon Posted June 15, 2012 Share Posted June 15, 2012 The best legal advice anyone can give you is to get your attorney involved. You can't simply call up a judge. These papers sound like official briefs (or whatever) and you should have an attorney go over them and respond appropriately. Consider this a necessary expense and call an attorney right now! Lawyers have only a certain timeframe to respond to & file their own briefs, etc. Quote Link to comment Share on other sites More sharing options...
Liz CA Posted June 15, 2012 Share Posted June 15, 2012 The best legal advice anyone can give you is to get your attorney involved. You can't simply call up a judge. These papers sound like official briefs (or whatever) and you should have an attorney go over them and respond appropriately. Consider this a necessary expense and call an attorney right now! Lawyers have only a certain timeframe to respond to & file their own briefs, etc. Agree. I know this is a hassle and an expense you didn't need. But in your and your daughter's best interest, you need at least the involvement of legal aid (if you have that available in your state) if not an attorney. If this is deemed frivolous, maybe he will have to bear your attorney's cost since he initiated the matter. Quote Link to comment Share on other sites More sharing options...
swellmomma Posted June 15, 2012 Share Posted June 15, 2012 I agree with the others get an attorney to address it. As I am quickly learning they are very worth every penny. I had a legal aide one in the past but with the new issues with my ex my parents are paying for a top notch family law attorney to handle my divorce/child support/custody needs (I will be paying them back of course). If you can not cover the cost yourself get a legal aide attorney or see if family/friends would help you get a good one now and pay them back (given my new attorney had a $5K retainer and bills at $350/hr there is no way I could have paid for him myself) A good attorney is worth every penny you pay to ensure your daughter's best interests are met. Quote Link to comment Share on other sites More sharing options...
Journey Posted June 15, 2012 Author Share Posted June 15, 2012 There is no way i can afford an attorney, hence the reason i'm trying to get more in child support. the legal aid attorneys around here stink too. i know that sounds rude but it's the truth. i will pray and trust God that everything works out. He has brought us through many hard times, so i know He'll do it again. Thanks guys! Quote Link to comment Share on other sites More sharing options...
Cammie Posted June 15, 2012 Share Posted June 15, 2012 I agree that the number one choice is to hire an attorney. If that is completely out of the question I would look for other options. Call the State Bar and see if they have a low-cost referral service. Many attorneys sign up with the Bar to offer services at a low-cost as a sort of community service. Call the courthouse and see if there is a family court office with staff that is able to answer questions (at least about procedural issues and helping you identify what you were given and if you have a chance to respond.) There are usually numerous resources available for people who are representing themselves within the family court system. Try legal aid again. Call and attorney and ask if you can come in for a one hour consultation. At least find out what your situation is, what your timeline for responding it, etc. Please do not let his statements go unaddressed with the judge. For a fair and just process both sides need to be heard so the court can make a credibility determination and made a decision fully informed. Good luck. Quote Link to comment Share on other sites More sharing options...
bettyandbob Posted June 15, 2012 Share Posted June 15, 2012 My concern would be that you may think you cannot afford an attorney, but when all is said and done you may find that not having an attorney cost you more (financially and otherwise) than you can imagine right now. You are thinking logically, but when you fighting with someone who is lying simply being reasonable and logical will not work. I think the recommendation to call the local bar association is a good one. Also, check with local nonprofits that support women. Quote Link to comment Share on other sites More sharing options...
swellmomma Posted June 15, 2012 Share Posted June 15, 2012 My concern would be that you may think you cannot afford an attorney, but when all is said and done you may find that not having an attorney cost you more (financially and otherwise) than you can imagine right now. You are thinking logically, but when you fighting with someone who is lying simply being reasonable and logical will not work. I think the recommendation to call the local bar association is a good one. Also, check with local nonprofits that support women. This. Quote Link to comment Share on other sites More sharing options...
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