Child Support keeps getting continued


#1

I am so discouraged! I have been to court a total of 5 times already for establishment of child support, and EACH TIME my STBX’s attorney has had it continued to a later date (giving excuses that he’s sick, or he was in a murder trial, and the latest was he just could not be located in time for our hearing)!!

This has been going on since March! Now DSS is telling me that since our next court date won’t be until AFTER my oldest son turns 18 (next month),then I will no longer get credit for him (YET I would have if we would have established it months ago like it should have been done)!!!

Is this legal? Will they not go back and figure CS based on our first court date since it is my STBX’s attorney who keeps on postponing. It’s no fault of my own. I’ve been out of work the the past 5 times waiting to finding out that he has yet postponed AGAIN! How much longer can this go on???

Have received ZERO support since we’ve separated. He’s trying to get the payments as low as possible, and I guess this was ONE MORE way to reduce his CS even further (by me not getting to count my son).

Any advice/suggestions of anything I can do? Can I file an appeal or anything? And why is the courts (or DSS) not doing anything to STOP him from doing this?? IT was said on our last 2 sets of DSS papers that the court date could NOT be postponed again…yet it has!

Thanks Erin for any info you can provide. Just trying to survive with 3 kids and ZERO support.


#2

You can be awarded retroactive support for your oldest child, and your ex will have to pay you support for him from the date your complaint was filed up to the date he turned 18. The next time the other side makes a motion to continue you need to object and inform the judge of how many times the case has been continued, and how it is affecting you and your children.