Child support Division and Defendants Attorney


#1

Sorry if this is going to be a little long.

Yes, sat in court all day. No defendant or his attorney. Whom did come in was attorney messenger. This was the second time this had to be con’t. I really don’t understand any of this at all. Let me explain.

He is served beginning of Feb for support. His answer had to be done in 30 days. He hires an attorney and it is con’t. Court come’s yesterday. Finally everything is going to be started, so I thought. Come to find out that it has been changed to the middle of May. I talk with the CS attorney. He is now upset that this has gone of to far. He thought by what his papers said that we were there for DNA. He said he was going to ask the judge to grant it. But before doing so he asked one of the CS ladies on what was going on? What were we there to do? She said that his attorney is going to comply to the order.

  1. What does that mean?
  2. Does this mean that he finally is not going to fight becaues he does know that he is the father?
  3. Does this mean I will have to wait another month for anything to be done?

The CS attorney said that it will not be con’t again and that it will be taken care of. I asked him if there was going to be a DNA and he said that since his attorney is complying to the order then he is stating that he is the father. Also that he wanted the CS to send his attorney a letter stating all this. The CS attorney said that he is not happy about this and that next month will be it, so they better be in court.

Please kinda explain to me barney style on all this. I have not explained it right, but I was unset that we weren’t handling things yesterday in court.

Thank you so much.


#2

Unfortunately cases are continued out to a later date quite often and it can be very frustrating. However all is not lost, you are entitled to seek retroactive child support back to the date you filed your Complaint. This enables the court to order your ex to pay child support for the months you have to wait until the case is heard.
From what you have stated I am unable to determine what the court did with respect to the DNA test, but it seems as though the father may not be contesting paternity at this point, and is seeking to move forward on the child support issue.


#3

Yesterday I found out that he said he is going to court. That there is no DNA and he is not the father. Alot is confusing to me. We all know he is trying to avoid from getting in trouble in the Marine corp for he is a CWO4. He is trying to retire early, which is this October.

Can he pro long this that long? It has already been re scheduled twice now. The whole case started in January 2009, we are already in April and the new court hearing in in May.

Is there anything I can do to make this stop? Do I just have to sit back and let his attorney keep con’t on with the case? I know the CS attorney said, NO MORE. This case will be settled next month, but what can I do? Am I allowed to speak up?

Thank you.


#4

In my experience you will not have to wait 6 months to have paternity and/or temporary


#5

Erin you really are a true helper.

I’m hoping that on the 15th of May we don’t have to con’t. There is one more thing I would like to know.

He has a really good attorney here in town. I can’t afford one. I know you have told me that when the DNA test is done, then I’m to file for custody. I know I can’t afford an attorney, so I will be doing this alone.

He hasn’t been in her life, (his own doing) going on 10 months. I have tried to get him to see her, he refuses to protect himself from his ex in laws and military. He knows she is his daughter. He has claimed to them now since last June that I’m crazy and she is not his.

When it is time to file in the courts for custody, would I be at a losing battle and lose custody of her? I’m a very fit parent and she has older siblins. His ex wife says he can’t even handle his teenagers. I’m really scared because he is an officer in the USMC and I’m a single parent of children. I do have a job, but it is only part time. I have a stable home and am getting married within this year. Any true advice would be helpful.

She also has a blood disorder and I told him about it. I told him what the Dr’s needed and he wouldn’t even help out. Can I use that against him? When she is sick, I leave messages for him on his phone, for he won’t talk to me at all. There is so much, but yet he is wanting to take her away from me to avoid support.

Thanks.


#6

Since you have cared for your daughter since birth, and are a fit and suitable parent, you will not loose custody of your child, although the father will be awarded visitation if he seeks it. Based on the conduct on his part that you have reported it would not be in her best interests to be with him, of course his refusal to cooperate with the doctors is great evidence that you can use against him to prove he does not have her best interests in mind.