CHILD SUPPORT NEGOTIABLE? Divorce Clinic?


#1

My daughter was awarded temp. custody in a Domestic Violence hearing and YAY! she asked for the better car… her attorney asked her before the judge… what are you asking from the court? Are you asking for custody? - daugter says yes. Are you asking for restraining order for a full year? - daughter says yes Are you asking for counseling for him before he see’s your daughter and supervised visitation? - daughter says yes Are you asking to exchange vehilcles? daughter says yes.

And the STBX, trying to look the part of the heroic victim said that he bought the car “for” her and that’s fine, he wants her to have it..

My daughter (who is also happy about getting the car and I’m THRILLED) has been fuming all afternoon the way that he made that sound – buying it “for” her. (She made most of the payments.) They will do the exchange of cars at the sherrif’s office next weekend–that’s what the judge ordered.

By the way Erin (if you are reading this) the judge did not recommend that he have anger management, supervised visitation or a psych eval—which really surpised us all b/c there was plenty of concrete evidence that he needs help desperately. AND the judge outlined visitation for him every other weekend; overnights. That has me freaked out a bit, but it “IS what it IS” I guess. And everybody is trying to make peace with that particular decision. He brought the wife of a friend to court and he put her on the stand and got her to testify that she has never seen him be angry around the little one. Personally, the lady never should have gotten involved, but I’m sure he did his victimization routine with her and she felt sorry and testified-- that’s their karma! Anyway…

But so far none of this written is part of a question–that’s just an update in case Erin Clary reads this, since Erin was good enough to answered some previous questions.

What i’m writing here now or asking now is about child support… Its STILL confusing about the child support. She (daughter) is filling out the paper work for child support at home now… the child support office mailed her the paperwork, as requested. She said, Mom, you know i nearly put myself at a disadvantage b/c I didn’t know I could ask for the better car? I don’t want to screw up again about the child support.

So, as she is getting herself ready for work tomorrow and bath and bed for the little one and trying to regroup from the lies that he told about her in court (which the lawyer kept overruling as not relevant and the judge did the “move on” and stop talking about that to him)… here i Am to help try to find an answer.

In this “chapter 50 package” that was mentioned in a previous post, I notice that the chapter 50 includes the words “child support” along with the SA, and ED and so forth.

Erin wrote: "An action is filed under Chapter 50 (the statutes governing Equitable Distribution, Post Separation Support, Alimony, Child Custody, and Child Support).

When someone talks about a “divorce package” of forms—is that the same thing as a “chapter 50 package”?

I also read online (civil court website) about mediation and child support being mediated. So which is it?

Is there a bottom line calculated figure for child support or not? If there is, then why is it included in the chapter 50 list of stuff and mentioned on the mediation page of the civil court website?

She is going to try to go to a divorce seminar or “clinic” since she doesn’t have $7 thousand dollars to hire a lawyer.

Anyway, I watched the Rosen videos on child support and it seems like it’s just plain calculated …

The bottom line concern here is that the child support office said it takes 3 months to process the child support paperwork. And she just got the papers from social service office for child support and is filling them out but now wonders if she should wait so she doesn’t do something to put her at a disadvantage, legally – like with not asking for the other car because she didn’t know she could.

Attorneys don’t file for child support anyway–do they? Isn’t this something the woman simply does herself at the child support office? Could someone clear this up? She fills it out and sends it in and that’s all, right?

by the way, i “get” (I think) that mediation doesn’t come into play until the main papers are filed – the chapter 50 stuff (AKA “divorce kit”-?) – and then if the husband and wife can’t agree on stuff then you ask for mediation?

[b]A final question is that if she fills out a separation agreement for him to sign and he doesn’t sign it or wants to renegotiate it… then what? How does that all go down without a lawyer?

Let’s say she files the SA after she figures out how to fill it out at the divorce clinic…she turns it into he civil clerk of the court, he gets served with it… and what if he doesn’t reply. Then what?

And let’s say he does get the SA, reads it and wants a few changes … what does he do, fill out what he wants changed and mails it to the clerk of the court who forwards it on to her? And then she draws up another offer or another SA? How does that SA and ED play out when someone fills out the forms themselves? [/b]

Thank you kindly for any insight that a lawyer can provide…


#2

I am not sure what a “Chapter 50 package” is, unless someone is referring to all the claims that can be filed under that chapter. Your daughter can go through child support enforcement for child support and may file her other chapter 50 claims on her own. Child support will not likely be mediated, the court will simply set the number based on the financial information.
Attorney’s can and do represent folks in child support claims, but since child support enforcement will do the same at no charge it is a great option for many folks.

Mediation for ED and Custody take place separately and are scheduled after a claim is filed.
If he does not sign a separation agreement, the case will need to be litigated and can be cone with or without a lawyer. Separation Agreements are not served and have no connection to court, these are only used when the parties agree on all issues and do not need the court’s assistance.