Help!!!

[critterperson]

Wow, Judges in Florida do the same thing to unrepresented NCP's, even tho there has been 4 "hearings" my husband has never been allowed to speak or present evidence in court either. (thank God, our situation is coming to a close soon, unfortunately without him ever having a legal fair hearing.).

The two things that we have learned about going into court without an attorney are:

1. DOCUMENTATION- take any and every document that even remotely might be relevent with yiou to court.

2. Hire a court reporting service, if he isn't allowed to speak or present evidence in court, there will be a legal record of it.

If he wasn't charged with criminal contempt and cannot afford an attorney, he needs to find out how to do everything himself. He needs to file In Court a modification petition for both CS and custody.

He also needs to take a copy of the Consumer Credit Protection Act to his employer and remind them that they cannot withold more than 55% of his net income for CS, even if it is less than the court ordered amount. I know that money is tight, but he needs to pay at least some support, and it will help him look better in court.
Good luck.
Gracie

Someone please correct me if I am wrong, but I think the 55% rule only applies to actual Child Support not over due support... So technically if you owed $250 for cs (say that this is 55% of your income) but you had to pay back child support as well you would be over the 55% limit.

 

[stealth2]

You stated that your husband was placed on "probation".
Was he charged with CIVIL contempt?
Or was he charged with CRIMINAL contempt?

It may be very important because an attorney here in Fl. told me that when a NCP is charged with CRIMINAL contempt an attorney (public defender) has to be provided because it falls under criminal law, not civil law. (I am aware that it may be different in your state, but if I'm wrong, I'm sure that another poster will correct me.)

I don't know if it's the same in TX, but here in NJ being "on probation" with regards to support issues means that the payment is going through the state, rather than directly to the CP.

 

[onmytime]

To the poster: You keep indicating that there is "more" to the story. I would have to agree. Because I can not for the life of me understand why you are writing about child support and have not even mentioned trying to obtain custody of the child. It sounds like you and your husband are only concerned about what is coming out of your pocket. You stated that you thought you would get some help by coming to this site, while some may be critical and judgmental (including myself) it is still help. The critical comments are not intended to hurt you but to help you see the truth. You stated your husband did not know that his own child was staying with the grandparents. I don't understand how that happens. My daughter's father lives in Texas and we live in Arizona. Her father calls her everyday, two or three times a day. He knows where she is and he is not even in the same state. And I guarantee you if there where three or four days he could not get in touch with her (regardless of how old she is) he would be on the next plane, questioning me or whoever to find out where his child is and I would do the same. As caring loving parents how do you not know where your child is and once you find out how do you leave them there? Maybe the courts being hard on your husband has something to do with him not being caring or responsible parent.

 

[wife w/question]

Thank you Gracie, this is the information I have been needing. Can you tel lme how to go about getting a modification petition? Do I go to the courthouse or what? If so what office do I need to go to? Thank you for your help and not criticism.

 

[gphjr]

What I have learned about court is balls, you gotta have balls. You also have to file the proper documentation to represent yourself. I have dealt with the Texas AG office and they are a B**ch. Your husband, display some respect to the judge does have to chance to speak if he is sitting at the defendants table. People get very scared in courts, your only thinking that the judge didn't give you the chance to speak. You have your chance and you blow it. I am also not coming down on you, just stating a small fact. I have been the Texas system and the Oklahoma system fighting my way through child support to get it right. Today my balance is zero and my child support has been stopped because the CS would not prove the child has not graduated from HS.