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Written response to child support summons

Discussion in 'Outreach Forum' started by Nappy Roots, Mar 28, 2014.

  1. Nappy Roots

    Nappy Roots Well-Known Member

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    So I have my son half the week. Every week. and now I have gotten a summons to pay child support. It is asking for a "written response", it would seem to her lawyer. I dont have the money for a lawyer. Ive searched the internet on what to include during a written response, and I cant find anything. Anyone have any idea about this? Am I just writing a letter stating why I shouldn't be paying child support? I am in the dark here.


    Any help is appreciated. Thanks.
     
  2. finsincebirth

    finsincebirth Junior Member Club Member

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    While I don't have experience in this nor am I a lawyer, I have to strongly recommend you seek out a legal advice. A lost child support battle can significantly burden your financial life for many years. This is something you want to get right.

    Sent from my DROID RAZR HD using Tapatalk 2
     
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  3. Nappy Roots

    Nappy Roots Well-Known Member

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    No i agree. But heres the thing. Its like $3,000. I dont have close to that. If I wasn't supporting my kid half the time I may have it.
     
  4. MikeHoncho

    MikeHoncho -=| Censored |=- Club Member

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    Fin-Omenal likes this.
  5. Boik14

    Boik14 Admin Staff Member Club Member Retired Administrator

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    It may not be the answer you wanna hear but take out a loan for the 3000. That's easy enough to pay back and it's not a huge sum compared to what you may end up paying. Like was stated earlier, you want to get this right. You don't want to be roped in to a binding agreement that has you overpaying for bs. Borrow it from a bank or a family member. Give whatever as collateral if need be. It's easy enough to pay 3000 back assuming you're working. Most loan like that can be stretched over 2-5 years at a reasonable rate.
     
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  6. Fin-Omenal

    Fin-Omenal Initiated

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    Been through this more than once, hopefully you and the mother are on good terms. Contact her, take her out to lunch come to an agreement on compensation (if possible), if it goes to the courts, you will pretty much have to pay.

    Is custody hers? Or do you have documentation of joint custody?

    Swallow your pride and try to get her to agree to like $50 a week or something. I don't know your wages, but i was hammered with $123 and $121 per WEEK, per child. Yes, basically 1k a month for kids I already paid for most of their care.

    The system is brutal and they will win. Do all you can to sweet talk her then get it legalized.
     
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  7. Den54

    Den54 Season Ticket Holder Club Member

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    Lawyer up is the best advice. My brother didn't, and has been paying a large sum for years for 3 kids that live with him half the time.
     
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  8. Nappy Roots

    Nappy Roots Well-Known Member

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    Man not the responses I wanted to hear. But I guess you guys are probably right.
     
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  9. unluckyluciano

    unluckyluciano For My Hero JetsSuck

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    Agreed sell stuff. Take out a loan. SEll your body. Whatever. Get a lawyer. It may suck now but can pay dividends down the road financially relationship wise etc. And keep records and find any records you have of past money you've paid.
     
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  10. Fin D

    Fin D Derp Sherpa

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    I think in FL, if you split the time with the kids 50/50, you don't have to play child support.
     
  11. finyank13

    finyank13 Reality Check

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    Nappy first off is the letter from the Courts? Or her lawyer?

    It will determine my next answer.
     
  12. Nappy Roots

    Nappy Roots Well-Known Member

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    Police officer delivered it to my door.
     
  13. cdz12250

    cdz12250 Season Ticket Holder Club Member

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    Nappy, do not do this alone. Go to Legal Services or the legal aid society of your county bar association. Even if you don't qualify for free representation, they'll give you some guidance.

    Does the letter include a financial affidavit for you to fill out? Have Legal Services help you fill it out. Courts don't put you in jail for nonsupport unless you are financially able to pay and refuse. Depending on your financial situation, the judge may enter an income deduction order or something similar so an amount is withheld from your pay every pay period. The court will work with you if you don't have the money.
     
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  14. gunn34

    gunn34 I miss Don & Dan

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    Have your lawyer ask her for child support also.
     
  15. Nappy Roots

    Nappy Roots Well-Known Member

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    The paperwork included HER financial paperwork. But nothing for me. Just said I needed a written response. That's why I was so confused. Assumed I would just go to the court house and fill out that paperwork. Wasn't the case.
     
  16. cdz12250

    cdz12250 Season Ticket Holder Club Member

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    Pm me with what county you're in.
     
  17. Fin-Omenal

    Fin-Omenal Initiated

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    Not sure how it is in FL, but in Ohio a lawyer is a waste of money as the determination of CS is based on a pre determined formula. A lawyer is a good idea if you go for custody, not to hammer out anything financially with CS.

    Again, if you can reach an agreement with her in writing and present it to the courts is the best route.
     
  18. McLovin

    McLovin Resident Pats fan.

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    Cheapest way out....

    [​IMG]


    Or just hire FinD as your legal rep.
     
  19. Fin D

    Fin D Derp Sherpa

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    You want a toe?
     
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  20. MikeHoncho

    MikeHoncho -=| Censored |=- Club Member

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    Ah. So that's what happened to my old landlord.
     
  21. Nappy Roots

    Nappy Roots Well-Known Member

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    For the record, I spoke with a lawyer today. They pretty much steered me AWAY from getting a lawyer just yet. I didn't respond in the necessary 20 days, but she said there was default against me, and instead a final hearing on April 9th. She said basically because I am saying I have 50/50 custody, and the mom will likely not allow that to happen, it will be immediately dismissed and moved on to the next step because the Department of Revenue will not deal with custody or time sharing issues. Then, I need to hire a lawyer.
     
  22. Fin-Omenal

    Fin-Omenal Initiated

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    Exactly. Sounds like they have a similar process like Ohio does.

    Wish you the best of luck, if you have any questions don't hesitate to ask...I have some experience unfortunately.
     
  23. Nappy Roots

    Nappy Roots Well-Known Member

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    Welp, the lawyer was wrong. Went today to our hearing today. She just recently got a new job. makes $2,000 more a month then me. Admitted in court that I have him monday-thursday morning, and I was court ordered TODAY to pay $98 a week. Despite objecting because of my 50% custody. This system is ****ing awful. Should be illegal. Its pathetic.
     
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  24. Welcome to fatherhood.

    TYou have no rights in the eyes of the court. She will get whatever she wants. Your only value to the court is a child support check. You will pay her money and she will use your kid as a deduction on her taxes.

    My advice is to contact fathersrights.org and to hire yourself a female lawyer who is a pitbull. Prepare to be disappointed with the end results and having the courts make it clear to you that you are an insignificant part of the proceedings.
     
  25. Ohiophinphan

    Ohiophinphan Chaplain Staff Member Luxury Box

    I was not a party to your conversation with the lawyer but I am confused reading your report of that conversation. It sounds like the hearing went exactly the way the lawyer described? You were in default on a hearing and were told the Department of Revenue is not interested in custody or timing. Isn't that what occurred?

    If you want redress (and yes the odds are against you) it will have to be back in the court that established the custody parameters.
     
  26. Nappy Roots

    Nappy Roots Well-Known Member

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    Yes but the way I took it was that they weren't interested in custody or timing so then it would be shuffled to a custody hearing prior then figuring out child support.

    What sense in this world does it make to have set a weekly child support payment if there is not custody or timing set?
     
  27. unluckyluciano

    unluckyluciano For My Hero JetsSuck

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    do you have another court date? They might be doing a default for now till its decided.
     
  28. Nappy Roots

    Nappy Roots Well-Known Member

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    No I don't. The judge said I would have to file a grievance or something like that and have it go through the court as to what I would like to file for.

    Basically get a lawyer. File for custody. And then when it comes across his desk, it could possibly be lowered then.
     
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  29. unluckyluciano

    unluckyluciano For My Hero JetsSuck

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    there's your answer. Sounds like you basically just started the process. You can either a) accept the order (which includes custody I'd think) b) file a grievance. Your ex might be able to file a grievance as well since it sounds like she isn't happy with custody. I can tell you from experience through friends its usually a long process.
     
  30. Nappy Roots

    Nappy Roots Well-Known Member

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    It just makes no sense. Why would you not have custody set prior to finalizing the child support payment. It's just dumb.
     
  31. Ohiophinphan

    Ohiophinphan Chaplain Staff Member Luxury Box

    If you are looking for "sense" then avoid the bureaucratic mentality. You caught a case worker who simply wanted to move the file down the line., In mass custody settings, that is all you are going to see! When you missed the arbitrary deadline you were already marked "deadbeat" by the system. Neither the system, nor the judge, nor the state in which you reside is going to spell it out for you, you fathered a child either pony up or go to jail, they do not care.

    You on the other hand want to be responsible, you want to be involved in your child's life. Given that you are not married to the Mom, you are now going to have to learn to navigate the system and will, at least to start with, need a "harbor pilot", this time a custody lawyer.

    I understand your preference for spending money on your kid and not on legal fees but the Mom wants guarantees and she will use the system to make sure you are held accountable. If she doesn't meet certain deadlines, she has no recourse over you and she can't let that happen.

    I am sorry your experience in fatherhood is this. It truly stinks where fatherhood should be a joy!

    Don't look for fair, look for someone who understands the law!
     
  32. Fin-Omenal

    Fin-Omenal Initiated

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    Been there, good luck bro.
     

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