How to submit evidence?


#1

Dear jaded:

Greetings. You must authenticate the information and ask the court to admit it. Basically, you need to testify about the document - explaining what it is, when you received it, what is in the document and then ask for it to be admitted (this is a very basic explanation - as I cannot explain all the rules of evidence or admitting evidence in court in a forum post). Then, you ask the court, after testifying about the document, to ADMIT IT INTO EVIDENCE. Without asking for this, the judge cannot see it.

One other option is that you serve a subpoena on your employer to bring their records of your pay situation to court and have them testify - just remember to ask for your evidence to be admitted.

Finally, have you called the case worker for child support enforcement and sent her a copy of your paystubs to try to resolve the matter prior to court? Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

Thank You, so much for responding. Yes I have contacted the case worker and faxed her all my information as well as speaking with the DSS attorney. They refuse to settle this outside of court. My employer changed their policy in June of '04 and began sending the child support funds in to Central Collection after I receive my Direct Deposit, in the past this was down before I was paid. This resulted in a payment being posted on 5/23/04 and then payment from my June pay on 07/01/04. They say I have not paid June’s payment although I have every stub showing it has been deducted each month.


#3

Dear jaded:

Greetings. Just take your proof with you and be ready to explain the same. You can only do what you can do and the court will listen to you. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#4

The DSS in my county is taking me to court alleging that my Child Support is delinquent. I have all my paystubs from the last 12 months showing that Child Support was deducted from my pay. I do not plan to retain a attorney, but I’m concerned because of witnessing other individuals without a Attorney have difficulty getting the Judge to look at their information. How do I get my paystubs and bank statement entered as evidence?