NC child support hearing: Do I need a lawyer?

This is a discussion on NC child support hearing: Do I need a lawyer? within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; I filed for child support from my ex and I just attended the first hearing to establish support. I just ...

Consult Your Own Personal Lawyer Now!
Reply  POST NEW QUESTION

 

Thread Tools Search this Thread Rate Thread Display Modes
Old Oct 12th, 2012, 01:53 PM   #1
Junior Member
Country:  
boxermama21d's Flag is: United States
 

boxermama21d's Avatar
 
Join Date: Oct 2012
Posts: 5

Default NC child support hearing: Do I need a lawyer?

I filed for child support from my ex and I just attended the first hearing to establish support. I just spoke to my case worker and found out the hearing has been continued til next month because he has a lawyer. My question is do I now need a lawyer? My son is 6 1/2 and I've never gotten any money from bus dad and we've been split up since before he was born. His dad hasn't seen him since the day after his first birthday and I know he told his family that my son wasn't his before he disappeared. We went through the custody proceedings where we signed a consent order that gave me full custody and the right to grant/deny visitation. He has never exercised his visitation rights. Do I need a lawyer for my next hearing? What does he gain from having a attorney? Is it possible he just wants to establish paternity even though he signed an affadavit, is on the birth certificate, and went though custody proceedings? Also, he showed a very low income (he is self employed). By hiring a lawyer, does that show his income is more substantial and he will have to pay more?
boxermama21d is offline   Reply With Quote
Sponsored Links
Criminal law issues? Contact leading defense lawyers now! Free immediate consultation!
Old Oct 12th, 2012, 02:19 PM   #2
Top Level Member
 
AFFA's Avatar
 
Join Date: Dec 2009
Posts: 17,353

Default Re: NC child support hearing: Do I need a lawyer?

I wish to inform you that you can self represent yourself. In this regard you can have a lawyer if you cannot represent yourself n court. Generally a person can appear as a pro se but as a person is not a legal expert thus he can appoint a lawyer who can represent in court. If you know the law and can represent yourself then you do not need a lawyer otherwise you can hire an attorney.

AFF
AFFA is offline   Reply With Quote

Did you find this post helpful? Yes | No
Old Oct 12th, 2012, 03:01 PM   #3
Veteran Member
Country:  
grim509's Flag is: United States
 

grim509's Avatar
 
Join Date: Apr 2011
Posts: 496

Default Re: NC child support hearing: Do I need a lawyer?

You are not required to have one. As for as should you have one or not, it depends on what you are asking for and what happens in court. Most of the time, they will just look at income and they already have a formula for determining it. You shouldn't need one unless he hides income or refuses to pay.

Also, keep in mind that you may also notify the magistrate or judge at any time during the proceedings that you would like to have an attorney. Ask for a continuance to find one if you find yourself uncomfortable with the way things are going.
grim509 is offline   Reply With Quote

Did you find this post helpful? Yes | No
Old Oct 12th, 2012, 03:01 PM   #4
Junior Member
Country:  
boxermama21d's Flag is: United States
 

boxermama21d's Avatar
 
Join Date: Oct 2012
Posts: 5

Default

Quote:
Originally Posted by AFFA View Post
I wish to inform you that you can self represent yourself. In this regard you can have a lawyer if you cannot represent yourself n court. Generally a person can appear as a pro se but as a person is not a legal expert thus he can appoint a lawyer who can represent in court. If you know the law and can represent yourself then you do not need a lawyer otherwise you can hire an attorney.

AFF
Thank you for replying. I know that I can represent myself or hire an attorney. My question is should I hire an attorney and what can he gain from hiring an attorney.
boxermama21d is offline   Reply With Quote

Did you find this post helpful? Yes | No
Old Oct 12th, 2012, 03:03 PM   #5
Junior Member
Country:  
boxermama21d's Flag is: United States
 

boxermama21d's Avatar
 
Join Date: Oct 2012
Posts: 5

Default

Quote:
Originally Posted by grim509 View Post
You are not required to have one. As for as should you have one or not, it depends on what you are asking for and what happens in court. Most of the time, they will just look at income and they already have a formula for determining it. You shouldn't need one unless he hides income or refuses to pay.

Also, keep in mind that you may also notify the magistrate or judge at any time during the proceedings that you would like to have an attorney. Ask for a continuance to find one if you find yourself uncomfortable with the way things are going.
Thank you for replying! Do you know what he could gain from hiring an attorney? Lower payments, paternity test, ect.
boxermama21d is offline   Reply With Quote

Did you find this post helpful? Yes | No
Old Oct 14th, 2012, 10:20 AM   #6
Top Level Member
Country:  
Friend In Court's Flag is: United States
 
Friend In Court's Avatar
 
Join Date: Apr 2011
Location: Florida
Posts: 12,306

Default Re: NC child support hearing: Do I need a lawyer?

Quote:
Originally Posted by boxermama21d View Post
I filed for child support from my ex and I just attended the first hearing to establish support. I just spoke to my case worker and found out the hearing has been continued til next month because he has a lawyer. My question is do I now need a lawyer? My son is 6 1/2 and I've never gotten any money from bus dad and we've been split up since before he was born. His dad hasn't seen him since the day after his first birthday and I know he told his family that my son wasn't his before he disappeared. We went through the custody proceedings where we signed a consent order that gave me full custody and the right to grant/deny visitation. He has never exercised his visitation rights. Do I need a lawyer for my next hearing? What does he gain from having a attorney? Is it possible he just wants to establish paternity even though he signed an affadavit, is on the birth certificate, and went though custody proceedings? Also, he showed a very low income (he is self employed). By hiring a lawyer, does that show his income is more substantial and he will have to pay more?
What one gains from having an attorney are; knowledge of the law, the lawyer's ability to appraise the other party and institute discovery, the other party's income/lifestyle and the ability to issue subpoenas on employers, bank accounts, get value of real estate and vehicles owned, etc. When one is self employed an experienced lawyer's astuteness can be very, very valuable.

Yes, his lawyer is going to be costing him at least a couple hundred dollars an hour, so he must believe the lawyer will save him enough to make it well worthwhile.

When one party has an attorney, it behooves the other party to do all they can to obtain representation. You will be walking into court without knowledge of the law, procedure, nor have the ability to ferret out the important facts you will need to obtain a fair support order for your son. If you cannot afford private counsel, try Legal Aid or your state's bar association for help from their pro bono panel that most maintain.
Friend In Court is offline   Reply With Quote

Did you find this post helpful? Yes | No
Old Oct 16th, 2012, 02:46 PM   #7
Veteran Member
Country:  
grim509's Flag is: United States
 

grim509's Avatar
 
Join Date: Apr 2011
Posts: 496

Default Re: NC child support hearing: Do I need a lawyer?

Quote:
Originally Posted by boxermama21d View Post
Thank you for replying! Do you know what he could gain from hiring an attorney? Lower payments, paternity test, ect.
A lawyer may be able to help him get lower payments, but unless there are unusual circumstances, that's unlikely. The judge or magistrate will look at his income, and use the state's formula to figure the amount. The lawyer may be able to get his payments lowered if he doesn't make much, so he has enough to live on.

He may ask for a paternity test, but if he asks for it, and the child is his, he may have to pay for it.

He also may have only hired an attorney to make sure he isn't taken advantage of, as you see happens from time to time.

You can also hire an attorney to answer your questions and go over your case, but not represent you in court. It saves a good chunk of money, if you're comfortable going in alone, but armed with the knowledge from your attorney.
grim509 is offline   Reply With Quote

Did you find this post helpful? Yes | No
Reply

Bookmark & Share

This thread has 6 replies and has been viewed 1524 times

Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:


Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off

Format Your Messages
Add Forum to Google Toolbar
Forum Jump

Similar Threads

Thread Thread Starter Forum Replies Last Post
What could a lawyer do to help me? (child support hearing) funfunfun Child Custody & Support 1 May 30th, 2011 07:19 PM
Child Support Enforcement Hearing PRATHER1971 Child Custody & Support 2 May 19th, 2011 08:04 PM
Texas child support hearing notification. Unregistered Child Custody & Support 3 Aug 29th, 2010 08:31 AM
Do I need a lawyer for child support hearing Unregistered Child Custody & Support 5 Jan 1st, 2010 07:38 PM
What can I expect of Child support Hearing? Unregistered Child Custody & Support 1 Jul 27th, 2007 03:12 PM


Criminal law issues? Contact leading defense lawyers now! Free immediate consultation!


All times are GMT -5. The time now is 05:11 AM.