Do I need an attorney to request back child support?
I have been dealing with a child support matter for almost 2 years. I went to child support enforcement and they told me I had to yet a year because my son father is active duty military and he was going overseas for a year. While he was over there he never supported my son. I then petition the court for child support on his return. I have a court date on Friday Aug 17th. I want this man to pay back child support. What type of proof do I need to bring to show the judge that I have been going through this for a long time? Or is it necessary to bring anything? Paternity is not an issue in this case, bc it has been established already.
Answers:
I am glad you are pursuing this. Your child has a right to be supported by both parents.
You do not need an attorney. But, know that an attorney knows the system and probably the judge and how he/she rules, so it is a good idea to have one, if possible.
If you decide to go to court without one, go armed with your paperwork from your prior efforts. Once you testify that he has not supported your child, the burden shifts to him to prove that he has. He will then have to show canceled checks, signed receipts and the like if he wants credit for them.
Good luck!
You allege failure to support. Take what records you have. If he alleges he paid he'll have to prove that. Have you spoken to his commanding officer? The military doesn't support dead beat Dads. Good luck...
Your Child Support agency should have all records of payment (or lack of). My wife is going through this with two ex's and it is a slow process. Ours is a bit different due to the support agencies being in different States than where we live. She has to call them once a month to get action. You may try writing to his Commanding Officer. As mentioned, they do not like deadbeat Dads.
The answers post by the user, for information only, FreeLawAnswer.com does not guarantee the right.
Answer question:
More Law Questions and Answers: