What is the name of your state (only U.S. law)? DE
Nephew will appear in Family Court next Monday morning to petition for support for his two children. His ex will have an attorney. Nephew will represent himself. I am preparing his documents and opening statement. Could you please give me some tips? For example,
1. How long should the opening statement be?
2. Should he give a copy of his opening statement to the Commissioner or at least ask her if she wants a copy?
3. Can respondent's attorney interrupt or make objections while nephew is reading his opening statement?
4. At mediation, respondent's attorney said that respondent is filing for Chapter 7 bankruptcy (she actually did two days after mediation) and submitted income statements from the bankruptcy filing as proof of income. Is respondent's bankruptcy relevant to her ability to pay child support? If it is, can nephew speak to the nature of respondents debts and the reasons for bankruptcy? I ask this because the Court's first reaction may be to sympathize with respondent's financial plight. However, if the Court reviews the history of respondent's bankruptcy claims and the number of creditors and nature of the debt, it becomes obvious that bankruptcy has been caused by fraud and financial irresponsibility, not an unforseen or uncontrollable external event.
5. Nephew paid support for 4.5 years. He paid 100% of Court ordered support plus an additional $8k for things such as cell phones, dance lessons, school clothes and unreimbursed health care costs. Is nephew's excellent record of support relevant in his current petition?
6. Mother pays absolutely no support. She doesn't buy school clothes, she pays nothing for the children's medical care, she doesn't help pay for equipment for school activitites, eg softball gear. She would not even contribute to the older daughter's 16th birthday present. Worse than that, she routinely borrows the children's baby-sitting money and does not repay it. Are any of the things I just mentioned relevant and should they be mentioned in the opening statement?
Thanks. I appreciate any advice you can offer.
Nephew will appear in Family Court next Monday morning to petition for support for his two children. His ex will have an attorney. Nephew will represent himself. I am preparing his documents and opening statement. Could you please give me some tips? For example,
1. How long should the opening statement be?
2. Should he give a copy of his opening statement to the Commissioner or at least ask her if she wants a copy?
3. Can respondent's attorney interrupt or make objections while nephew is reading his opening statement?
4. At mediation, respondent's attorney said that respondent is filing for Chapter 7 bankruptcy (she actually did two days after mediation) and submitted income statements from the bankruptcy filing as proof of income. Is respondent's bankruptcy relevant to her ability to pay child support? If it is, can nephew speak to the nature of respondents debts and the reasons for bankruptcy? I ask this because the Court's first reaction may be to sympathize with respondent's financial plight. However, if the Court reviews the history of respondent's bankruptcy claims and the number of creditors and nature of the debt, it becomes obvious that bankruptcy has been caused by fraud and financial irresponsibility, not an unforseen or uncontrollable external event.
5. Nephew paid support for 4.5 years. He paid 100% of Court ordered support plus an additional $8k for things such as cell phones, dance lessons, school clothes and unreimbursed health care costs. Is nephew's excellent record of support relevant in his current petition?
6. Mother pays absolutely no support. She doesn't buy school clothes, she pays nothing for the children's medical care, she doesn't help pay for equipment for school activitites, eg softball gear. She would not even contribute to the older daughter's 16th birthday present. Worse than that, she routinely borrows the children's baby-sitting money and does not repay it. Are any of the things I just mentioned relevant and should they be mentioned in the opening statement?
Thanks. I appreciate any advice you can offer.