Advice on child support order: Should I hire an attorney?

[Rico185]

I just received a child support after supporting my daughter for the last 8 years. My "x" decided to take me to court because I decided to withhold money till i receive my daughter's last report card (she's 8 and have never seen one after asking for the last two years). She currently lives in NY while I reside in NC. I've been making western union cash payments and clothes purchase (of which I saved the receipts), my daughter has been on my medical/dental every year since she's been born therefore asking for a report card she be this big a task. She currently has a boyfriend who has been in/out of jail and ive been told he may be selling drugs where they live. In addition, a year ago child protective services contacted me as they were investigating her when someone called in against her. I can't prove any of the above at the moment other than what I know goes on. I can't afford to hire both an attorney or a private investigator to get actual proof. On top of that, I was trying to move back to NY to be closer to my daughter and mom (who is sick) but now I'm not sure if I can even afford living in NY while getting knocked up for about 700-800 a mth.

Now that I have to go to court, I want to know if I should hire an attorney or is it even worth hiring one? IF so,

Can I avoid any back child support I may be ordered to pay due to her being on welfare while I was sending her money (is that considered fraud as I was supporting my daughter? - I just recently found out) and just pay starting the petition start date?

Can a lawyer possibly reach an agreement with my "x" or welfare as to how much to pay every month?

[Gbyte]

My guess...you're screwed...

It's not fraud for someone to recieve gift money while being on welfare to my knowledge.

There's an ask an attorney section here. For ten dollars, you may get some much needed guidance...

[tbyte]

The child support is a separate issue from your rights to see her schoolwork. If you have shared custody, then you should have filed a contempt of court charge against her rather than withholding support, which is going to look bad on you.
You need to file a motion with the court seeking a change in custody based upon the facts you have outlined regarding the mother's living arrangements. The mother is going to counter that you're only motive is to avoid paying child support (and your actions are going to help her in this regard), so you need to pay ALL the arrears that have accumulated as quickly as possible in order to forestall her argument.

My husband's psycho ex took him to court two years ago in NY thinking she was going to strike it rich - she DIDN'T!!

Since she is in NY, that is where she filed. Here, she can only get back support IF she requests it when the hearing officer asks AND only retroactive to the date she filed the petition with the court NOT retroactive to the date of birth. However, if you have receipts of previous payments, a judge will consider them as to the back pay. It would be even better if you have proof of her having cashed those money orders (you can track money orders with the company you bought them from, but they charge a fee for each). Did you mail them certified return receipt? You should, that way her signature confirms receipt.

Also, bring proof of medical insurance as that will also be asked for by the hearing officer.

Your summons should have a financial disclosure statement for you to fill out. Complete it carefully, but know that they don't care about anything but your current pay stubs so that they can calculate your support obligation, which in NY state is 17% of your gross income for 1 child. I don't know if your child is in extracurricular activities, but that is her expense, not yours.

Calculate your own numbers and IF you need reassurance, CONSULT an attorney. Don't retain one, you won't need one - trust me. If things get complicated at your hearing - ask the hearing officer for an adjournment for you to retain counsel.

Good Luck! Please let us know how it turns out!

Also, Welfare will take its cut from her support payments automatically. If it is established that you have in fact paid child support all these years, She may have to pay back Welfare, not you.

[forum_admin]

Double post. Please go to:

Advice on child support order... Can I avoid any back child support?