How to speak to the Judge during a CS hearing?


#1
  1. My ex-wife was having a sexual relationship with the Swain County DSS Child Support Enforcement attorney. He threatened to sue me because I filed a complaint. I got him removed from my case but he continued to be involved in my case.

  2. The second Swain County DSS attorney did not know his job duties or who he respresented. This attorney also refused to address the hidden income issue. My ex-wife had breast augmentation surgery, bought a swimming pool, a hot tub and a jet ski. She bought and maintains three cars. He said there were “new regulations” so if I removed my 18 years old son and went from 3 children down to 2 on my child support obligation, my monthly child support payments would increase. He refused to explain the “new regulations” to me. See item #1. After many requests,this attorney finally called Raleigh to clarify his representation. He refused to explain what he had learn then stated, “I don’t want to argue about it” and removed himself immediately from my case.

  3. The third Swain County DSS attorney would not answer any of my questions or address any of my previous concerns. She subpoenaed a girl who does not work for the Swain County DSS to work on my child support case. See item #1. I protested. The third attorney lied to me and told me that the girl is employed by the county DSS. I told the third attorney that I called three times to the county DSS to talk to her and each time I was told she does not work there. Then the third attorney said, “Yes, you are right! She does not work there. You will have to take that up with her.” She then turned her back on me and walked away. Later, this attorney lied and told the judge that I wanted to dismiss both of my motions. Both of my motions were dismissed. My son is 19 and I am still paying child support for him to my ex-wife. See item #1.

I have filed multiple complaints with Swain County DSS and NC DSS. I finally got a response from them. They chalked it up as a learning experience. So I guess these attorneys did not know they were not supposed to have sex with a DSS client. They did not know who they represented in court. They did not know they were supposed to handle the issues in the case. And they did not know not to blatantly lie. Therefore, I had sent a formal request to the Swain County DSS and NC DSS to remove my child support case from Swain County to another hopefully, unbiased county DSS. I have not recieved any reply. But that’s par for the course.

So now I am going to try to remove my 18 year old and my 19 year old from my child support obligation Pro Se. I can’t afford to get an attorney to help me. So, can I speak to the Judge during my child support hearing and if so, how do I go about this? I would like to speak to the Judge so I am not railroaded by these attorneys. I do not want any Swain County DSS attorney to speak on my behalf!


#2

All communications that the judge has with either you or the other attorney should be done with all parties or counsel present. It is likely that all communication will be done in the actual hearing. There are 3 parts of the hearing where you will be speaking to the judge. In the opening, you should tell the judge what the evidence will show and what you want the judge to order. Then, you will get an opportunity to present your evidence. In the closing, you will reiterate what the evidence showed and again, what you want the judge to order.

If you are unable to afford traditional representation, Rosen Online may be a good alternative for you to discuss the facts of your case and prepare to represent yourself in the hearing.


#3

Wow! I have had 5 child support hearings in the past 2 1/2 years. Not once was I allowed or given the opportunity to speak to the Judge. In fact, at my last child support hearing, I asked Judge Monica Leslie if I could speak to her. She asked me if I had an attorney. I said no. Then she said, “Then I can not speak to you.” Judge Leslie did not give any reason or explanation. Shortly after this is when the 3rd Swain County DSS attorney stood up and lied to the Judge. She stated that I requested that both of my motions be dismissed. I had never discussed this with the Swain County DSS attorney. Both of my motions were dismissed. So my 19 year son is still on my child support obligation.

I think the reason Judge Leslie would not speak to me was because the 2nd Swain County DSS attorney did not have a clue who he represented or what his job duties were. He continually filed paperwork claiming he was “the Substitute for the Party Plaintiff” and that he “represented on behalf of (my ex-wife).” This is completely false and in violation of Swain Co. DSS policy, NC DSS policy and NC State Bar 2010 Opinion #5. After multiple protests and requests that he clarify his representation with his client, Swain County DSS, he created a conflict of interest by sending the paperwork (a motion) to Judge Leslie so she could “pen in any corrections.” Judge Leslie did not address this conflict of interest and willingly and knowingly signed the paperwork (a motion) containing false information reqarding the Swain Co. DSS attorney’s representation.

I contacted the NC Judicial Standards Commission. They called the events “troubling” but for some unknown reason, they said they couldn’t help me. They encouraged me to use the appeals process. I contacted the Swain County Clerk of Courts and they stated all child support hearings are recorded and are available on CD but not in paper form. I was thinking my hearings were not recorded because there were no court reporters.

During my child support hearings over the past 2 1/2 years, I had to present my evidence to the biased Swain County DSS attorney prior to the hearing. He or she acted as the Judge and decided what evidence was presented in court. The DSS attorney does not represent me or my ex-wife. I was not allowed to speak to the Judge during my hearings. Only the DSS Attorney was allowed to speak to the Judge.

So what you are saying is that I am allowed to speak to the Judge during my child support hearing. I am allowed to make an opening statement, present my evidence, and make a closing statement. Is this written somewhere? Do you have a reference that I can use? Swain County DSS has failed miserably in providing me the fair process that is due in my child support case. I am really, really tired of this crap!


#4

No, I cannot think of a resource like the one you are requesting.