Do I have to Use Attny in This Case?

[tlversch]

I am mother of 17 year old boy. Just sent him to live with father per son's wishes. Son was ungovernable, wanted to be with dad. Father wants child support till he is 18, in 7 mos. Father did not pay support for 5 mos, as well as several thousand $$ of medical costs over long period of time, as ordered in divorce. I pursued these costs once, but dropped case because father said he was terminally ill. He was not, and now alot of time has passed. Now that father wants child support for 7 mos, I would like to appeal this to judge without an attny. Do I have legal right to send a letter to judge detailing these upaid costs and request he not award father support? Is he allowed to read letter? I know all parties must be copied, but can they protest and request the Judge not read my appeal, therefore keeping me from being able to plead my case? I am not employed, but am remarried and have 12 year old son. Please help!

 

[I AM ALWAYS LIABLE]

I am mother of 17 year old boy. Just sent him to live with father per son's wishes. Son was ungovernable, wanted to be with dad. Father wants child support till he is 18, in 7 mos. Father did not pay support for 5 mos, as well as several thousand $$ of medical costs over long period of time, as ordered in divorce. I pursued these costs once, but dropped case because father said he was terminally ill. He was not, and now alot of time has passed. Now that father wants child support for 7 mos, I would like to appeal this to judge without an attny. Do I have legal right to send a letter to judge detailing these upaid costs and request he not award father support? Is he allowed to read letter? I know all parties must be copied, but can they protest and request the Judge not read my appeal, therefore keeping me from being able to plead my case? I am not employed, but am remarried and have 12 year old son. Please help!

My response:

You don't send "letters" to judges. They don't read or consider "letters". They read and consider proper court "Petitions."

If you don't know how to do this, go to your local bookstore and buy a book on Family law procedures. Follow the instructions carefully. Pay your court filing fees.

IAAL

 

[tlversch]

IAAL - Please Read

IAAL,
Thanks for the help. Forgot to say I'm in MI, my son is now in FL. I will self-represent. Went to family law website for county my son is in and got procedures and sample form to submit answer to his petition. Found out filing fees, etc. Now in process of preparing answer to admit or deny allegations. I have other documents from previous litigation to help me with the proper verbage. I also have these questions:

1) Am I allowed to submit supporting documents with this answer or is that against the rules. If I can't, should I state that documents are available if the court should require them?

2) My ex made false allegation that I can dispute by naming a reputable person who knows the truth. Is it against rules to provide name, address, phone of that person right in the paragraph? If so, am I able to state that person can support my denial and only name that person's position?

Thanks again, it really appreciate it.

 

[jyoung]

Allow me to step in for my friend IAAL, by all means you can file, if pertinent and helpful to your case and the judge, supportive documentation with your answer. At the same time you may file an affidavit sworn out by your witness, however, your witness will be subject to subpoena by the other side for deposition and court appearances. Follow the rules regarding providing service of all the documentation to your opposing attorney. If you don't have it yet, get PDF and download the following from this website

http://www.flcourts.org/

Information for self-represented litigants -and-

Florida Family Law Procedures

also, read the following and learn it, these are the statutes judges go by:


http://www.leg.state.fl.us/statutes...htm&StatuteYear=2001&Title=->2001->Chapter 61

 

[smh33]

You want to appeal this...does that mean there is court ordered support? Paid to you, paid to dad? If medical bills for child, court will consider...if bills are for you or ex, court may not consider as it is a separate issue, type of law. Also how long ago were bills accumilated? If the bills were present when you went to support court last time, you will not be able to use the med. costs as a reason to change support...court will rule that info should have been heard at the last support hearing.
Court does not care what you say another would say if present. If your witness not willing to do deposition and be present,testify in court...I would not bring them up. Also be sure any witness you do name can stand up character wise in court....not the time to use people with any questionables in past.
You can not write the judge....quite simply would you think it fair if you got to court and found your ex had been exchanging his 1 sided version of things with the judge?