My lawyer never called me to tell me what happened in court (I live on the other side on the states) I never recieved any paper work! When I called the firm my lawyer was no longer there. Come to find out he packed up 9 days after my divorce was final and moved to a different firm and he does not pratice family law anymore. Now getting my papers 6 months later I am so behind on child support! I called the states child support agency and there were no case. However on the divorce papers it is signed by a judge. I am so f***ed what do I do?
2007-06-19 08:56:47 · 8 answers · asked by Mel 2 in Politics & Government ➔ Law & Ethics
First thing.. get a real lawyer that lives closer.
Is there any communication between you and your ex-wife? Has she asked for money? Has she told you that you owe money? Did you give her any allowance? I wouldn't sweat it.. but you may have to prove your case. It seems like your intentions are good..but you should have chased down the lawyer, the papers and everything else instead of letting it go 6 months. You're not going to jail, but the state may end up garnishing your wages. Typically.. you pay the state, the state pays your ex-wife.
2007-06-19 09:05:27 · answer #1 · answered by Anonymous · 0⤊ 0⤋
First of all, you should have been aware of the requirement to provide child support, whether you had copies of the divorce papers or not. You should have been paying all along and making sure that you kept a record of checks or money orders used to pay the ordered support. If you didn't shame on you and make arrangements with your ex to pay current and make up the arrears over time (which is what a state mandated order would call for).
As far as not getting a copy of the papers from your attorney, you should have realized that they are a matter of Public Record and are available through the court clerks office where the action was heard. Usually an attorney gets a copy for his client, but that really is not his responsibility. He MUST file the action with the county clerk's office through the court clerk. If the papers were duly filed, he done his job.
2007-06-19 09:26:55 · answer #2 · answered by Jim 5 · 0⤊ 0⤋
If you are military, start getting the money withheld before the state does. States go after the military quick. If you are a civilian, start sending in money ASAP because you can lose your driver license, income tax or get put in jail if they put a warrant out for your arrest. Since it is already 6 months, you better be happy that you are not in the vicinity because there would be a bench warrant out on you. Child support is not taken lightly these days by any state but if you start to send in payments in good faith, that is really in your favor if a case is brought up.
2007-06-19 09:18:24 · answer #3 · answered by kriend 7 · 0⤊ 0⤋
You pay - why in the hell has it taken you this long to figure out your kids need to be supported? Did you think they didn't need to eat or be clothed while you twiddled your thumbs?
Why does it take a "case" or an "order" to make you pay for YOUR children -- you're F'd alright. But it's not over this - it's over the fact that you need to pull yer head out of your butt and step up to your role as a father.
2007-06-19 09:00:50 · answer #4 · answered by Susie D 6 · 2⤊ 0⤋
Why did you not check in for a status? Or call the courthouse to see if the judge signed the decree? It's just as much your fault.
2007-06-19 09:02:35 · answer #5 · answered by Eisbär 7 · 0⤊ 0⤋
You should file a motion in Florida for a default, or motion to set for settlement conference and trial. If you have a copy of the signed MSA (agreement), then attach it to your motion. The court willthen enter it.
2016-05-19 22:53:14 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Get youself a new lawyer and u n f u c k your life.
2007-06-19 09:02:01 · answer #7 · answered by C93 4 · 0⤊ 1⤋
Hire a new lawyer to sue your old one .
2007-06-19 09:01:22 · answer #8 · answered by arus.geo 7 · 0⤊ 2⤋