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Do I need a lawyer... He wants to take me to court

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  • Do I need a lawyer... He wants to take me to court

    I have had my daughter for 16 years. She recently went to live with her dad. He wants to put me on child support but he is over 11,000 in back pay. he wants to take me to court so he can put child support on me. Do I need a lawyer to represent in court? Please let me know.

  • #2
    re: Do I need a lawyer... He wants to take me to court

    We cannot answer that ultimately. We can give some thoughts if you can give more info.What is dads income? Why was he in arrears? What state id the order in? What is the likelyhood your daughter will want support through college? What is your income?
    Due to a recent promotion, I should now be referred to as Major Obvious.

    I would not be trying to provide information and knowledge if I did not sympathize.

    Some days it is just not worth chewing through the restraints to face life.

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    • #3
      re: Do I need a lawyer... He wants to take me to court

      I wish to inform you that you can self represent yourself or may be represented by a lawyer. In this regard if you believe that you will be able to argue the matter and obtain child custody back with you then you may self represent. Further as there is already $ 11,000 of back child support thus you can take steps to enforce amount due to you. You mat garnish child support amount. Alternatively if court grants father child support then you may request that child support must be adjusted against amount due as child support.

      AFF

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      • #4
        Re: Do I need a lawyer... He wants to take me to court

        If no support was ever ordered, then there is nothing you can do to get child support. The court does not have the authority to retroactively order child support. However, if you did have a child support order and the child support was not paid, then you are entitled to the back support. You should file a motion to compel. Ask the court to hold him in contempt for not paying the child support. Further, Child support is not owed or paid to the child. It is paid to the person who supports the child. So, under these circumstances you should hire an attorney and approach the court for back court ordered child support.

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        • #5
          Re: Do I need a lawyer... He wants to take me to court

          Originally posted by CDMram View Post
          I have had my daughter for 16 years. She recently went to live with her dad. He wants to put me on child support but he is over 11,000 in back pay. he wants to take me to court so he can put child support on me. Do I need a lawyer to represent in court? Please let me know.
          It is always best to be represented by counsel, especially in family law matters. You say you are owed $11,000 in back support. If he has custody of your daughter, then he is able to request that you be ordered to pay support.

          HOWEVER, with $11,000 owed in back support, you can claim offset when you reply with a show cause why he should not be held in contempt of the support order, that a judgment issue for the delinquent support. You can claim offset against what he owes you and once you have a judgment for the delinquent support you will be able to garnish his wages and execute against his property.

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          • #6
            Re: Do I need a lawyer... He wants to take me to court

            Originally posted by CDMram View Post
            I have had my daughter for 16 years. She recently went to live with her dad. He wants to put me on child support but he is over 11,000 in back pay. he wants to take me to court so he can put child support on me. Do I need a lawyer to represent in court? Please let me know.

            My daughter wants to live with her father so I let her go with him she is 17. He has two other children (not mine) he pays child support on. He is a truck driver and only claims so much. He has always worked but decided to stop paying when I married 5 years ago. He payed support on and off during this time. This is why he is 11,000 behind. (This is all court ordered)

            Since my daughter has been living with him he has turned the child support on me. I dont know if I should get an attorney or if I should self represent myself in court. What would be the best advise? get an attorney or self represent my self in court. ( attorney fees are expensive)

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            • #7
              Re: Do I need a lawyer... He wants to take me to court

              Since you did not answer the questions I asked, the general advice is always seek a lawyer. I won't waste my time explaining why.
              Due to a recent promotion, I should now be referred to as Major Obvious.

              I would not be trying to provide information and knowledge if I did not sympathize.

              Some days it is just not worth chewing through the restraints to face life.

              Comment

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