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.
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Ohiophinphan and Stitches like this.
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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.shula_guy likes this. -
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Police officer delivered it to my door. -
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.shula_guy and unluckyluciano like this. -
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. -
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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. -
Cheapest way out....
Or just hire FinD as your legal rep.Ohio Fanatic, Fin-Omenal, finyank13 and 1 other person like this. -
Ah. So that's what happened to my old landlord. -
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.
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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. -
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.
Fin4Ever, Fin-Omenal and shula_guy like this. -
shula_guy Well-Known Member
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. -
Ohiophinphan Chaplain Staff Member Luxury Box
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. -
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? -
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Basically get a lawyer. File for custody. And then when it comes across his desk, it could possibly be lowered then.unluckyluciano likes this. -
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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.
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Ohiophinphan Chaplain Staff Member Luxury Box
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!Fin-Omenal, unluckyluciano and Nappy Roots like this. -
Been there, good luck bro.