I am scared and screwed with out your help!

[funkymonkey]

oklahoma I need to know how to go about having someone subpeonaed to court. I am having to go in ProSe (Not by choice.) Can someone give me a rough draft or tell me how to go about doing this?

 

[rmet4nzkx]

You will have to tell us a bit more about the facts of the case, if you are a party, which one? Who/what you want to subponea.......

 

[funkymonkey]

I am being sued for back child support. Here is what happened. I have a sole custody of my son. My son was 16 when this all began. He is really talented in baseball, but being from a small school he would have never been recognized to be in the running for receiving a college scholarship. My sister lives at a town that really promote their kids so I sent him to live with her to finish his last two years of baseball. I was single so my income was real limited. The only way he could go is with the help from his grandparents, my financial help, my son working, and of course with the help of my sister. The arrangement was that my parents would supply the summer job and work on school breaks and my sister who also owns their own business would also work him to help support this move. My sister was to supply the house with utilities and food and I was to supply the medical insurance the clothes and extra money for what ever. Since then the bio-father has been located by DHS after 17 years of running. I have started procedure against him for back support. This is still in play. No money received yet. Also my son turns 18 this month. Dealing with family I didn't worry about receipts since I was not paying child support. I was just sending money and buying his clothes the same way I always supported him for the first 16 years of his live. I sent the money thru my son when he would come home on weekends and school breaks. Now my sister is sueing me for back child support since she thinks I am getting money. (I might get some and I might not. Time will tell on that one.) My mom and dad and my son are the only witnesses I have that I did send money every month and that I did buy his clothes and so forth. MY parents doesn't want to get involved since we are sisters fighting. If they don't get involved I don't have a leg to stand on and only half a leg if they do come. I was served papers last night for a June 1 court date. DHS is who she went to so now she gets a free lawyer and I am out in the cold. I just filed bankrupt so borrowing the money is out. I have done nothing but cried. I didn't need help raising my son. I tried to do every thing I could to give him a chance at getting a college scholarship to help him in life not to mention help me put him thru college and now it is blowing up in my face. Help!

 

[funkymonkey]

I also need to mention that I didn't give up any of my custodial rights to any one. This might make a differance. Also my sister is sueing me as the custodial parent. Can she do this legally?

 

[AlexandriaDumas]

I don't understand. Are you saying you gave money to your son to give to your sister and he didn't give it to her? Or are you saying she has lied to DHS and said she didn't get any money when she, in fact, did and knows she did.

And if your sister did all that she did for you by taking care of your son, why would you not want to give her some money, if you ever get any? I think she's jumped the gun a bit if it's true you haven't received anything from back CS, but she did take care of the boy for two years, right? So, whenever you get some CS money, why don't you figure out the percentage of her two years and give it to her.

As far as the court hearing, if you can't work out things with your sister beforehand (which would be the smart thing to do but may be out of your hands now), just go to court and tell your side of the story. Don't get emotional, stick to the facts, express gratitude for all your sister did for your son, and TELL THE TRUTH! If your son did give the money to your sister, have him write out a declaration, signed under penalty of perjury that he gave her money you supplied from time to time and take that to court.

This just doesn't make sense. Are you saying that in your state you can go to the authorities and ask for child support for taking care of someone in your family? Crazy!

 

[kat1963]

If it was so important for your son to attend a particular school why didn’t YOU too move instead of shipping him off to your sister?

The first thing you have to do is to determine if your parents are even within the limits of courts subpoena power.

KAT

 

[funkymonkey]

I did my home work and here is what I found. Under Title 10 Chapter 1 section 10. TIME WHEN PARENTAL AUTHORITY CEASES The authority of a parent ceases 1. Upon the appointment by a court of a guardian of the person of the child 2. Upon the marriage of the child or 3. Upon its attaining majority. Like I said I have full custody of my son. I think I am covered by that one. Under Title 10 Chapter 1 Section 14 A parent is not bound to compensate the other parent, or relative for tthe voluntary support of his child with out an agreement for compensation, nor to compensate a stranger for the support of a child who has abandoned the parent without just cause. The only agreement I made was that the first year I would claim my son as a tax deduction since he lived with me over half the year and the second year she could claim him as her tax deduction. I stuck to this agreement to off set some exspence to her. Also in Oklahoma family can not sue for child support. She is committing perjury. She went to DHS and signed papers that she is the custodial parent when I still am and then DHS served me with papers typed up that she is the custodial parent. (Won't she be suprised on this one.) My next question and I think I know the answer but I need to be sure. My sister and my son is living in one county and my son is going to school in the county where they live, but she filed her papers in a differant county. Is there some kind of jurisdiction law between counties on some thing like this?

 

[LdiJ]

I am being sued for back child support. Here is what happened. I have a sole custody of my son. My son was 16 when this all began. He is really talented in baseball, but being from a small school he would have never been recognized to be in the running for receiving a college scholarship. My sister lives at a town that really promote their kids so I sent him to live with her to finish his last two years of baseball. I was single so my income was real limited. The only way he could go is with the help from his grandparents, my financial help, my son working, and of course with the help of my sister. The arrangement was that my parents would supply the summer job and work on school breaks and my sister who also owns their own business would also work him to help support this move. My sister was to supply the house with utilities and food and I was to supply the medical insurance the clothes and extra money for what ever. Since then the bio-father has been located by DHS after 17 years of running. I have started procedure against him for back support. This is still in play. No money received yet. Also my son turns 18 this month. Dealing with family I didn't worry about receipts since I was not paying child support. I was just sending money and buying his clothes the same way I always supported him for the first 16 years of his live. I sent the money thru my son when he would come home on weekends and school breaks. Now my sister is sueing me for back child support since she thinks I am getting money. (I might get some and I might not. Time will tell on that one.) My mom and dad and my son are the only witnesses I have that I did send money every month and that I did buy his clothes and so forth. MY parents doesn't want to get involved since we are sisters fighting. If they don't get involved I don't have a leg to stand on and only half a leg if they do come. I was served papers last night for a June 1 court date. DHS is who she went to so now she gets a free lawyer and I am out in the cold. I just filed bankrupt so borrowing the money is out. I have done nothing but cried. I didn't need help raising my son. I tried to do every thing I could to give him a chance at getting a college scholarship to help him in life not to mention help me put him thru college and now it is blowing up in my face. Help!

Ok...take a very big deep breath. What you have to do is go to court and tell the truth. It pretty unusual for a judge to order back support when welfare isn't involved. However it does sometimes happen. You need to be able to very calmly explain the whole story. Write it down on index cards so you have notes. Pull together any evidence that you can that you did provide support for your son during this period. Tell the whole story that you told us here, but more calmly and clearly.

I can't predict what will happen, but I don't think that your sister is guaranteed to win this case. As I said, it isn't all that normal for back support to be ordered if welfare isn't involved.

Your other option would be to make an agreement with your sister that IF you actually get any child support money from dad, that you will give her 1/9 of the money. (2 years out of 18 years)....but only if she drops the child support case.

 

[funkymonkey]

I am not sure if you read my last post because you didn't mention the question I ask about jurisdiciton. Please let me know if you did read the full thread or just the original thread before you came up with your conclusion.

 

[trblchic4]

wow well i dont thinku owe her anything if u let her claim your son os a dependant and if u also supplie dhis clothes and what not for teo yrs then sheis just being greedy however the courts might make u pay somthing as far as geting your parents to testify against there own daughter good luck i can understand why they are reluctant to do that. i dont know about the jurisdiction thing it all depends on some major factors and the company she filed with and where they have jurisdiction at. i also just want to say that i understand the need to give your son more i have two kids of my own but i dont understand why u didnt just try from where you are living. i am also froma very small comunity 450 ppl to be exact however my 17 yr old sister has a full ride to colledge because of her sports abilities yea it was a little difficut but my mother pussed the issue and made it hapen for her.

 

[rmet4nzkx]

wow well i dont thinku owe her anything if u let her claim your son os a dependant and if u also supplie dhis clothes and what not for teo yrs then sheis just being greedy however the courts might make u pay somthing as far as geting your parents to testify against there own daughter good luck i can understand why they are reluctant to do that. i dont know about the jurisdiction thing it all depends on some major factors and the company she filed with and where they have jurisdiction at. i also just want to say that i understand the need to give your son more i have two kids of my own but i dont understand why u didnt just try from where you are living. i am also froma very small comunity 450 ppl to be exact however my 17 yr old sister has a full ride to colledge because of her sports abilities yea it was a little difficut but my mother pussed the issue and made it hapen for her.

Please don't give legal advice when you don't know the difference between pressed and pussed or county and company. You have been caught with stolen property you need to get back to your own thread and read the advice you have been given.