Some Advice needed

United States
March 3, 2008 2:05pm CST
Ok so a few weeks ago I filed for child support and the hearing is around the beginning of April. Now the intake officer at the courthouse and the lawyer reprenting me said I don't need to go but everyone else says I should. My problem is that my car is not in safe enough condition to drive out of town and to the hearing. Its like 30 miles away and my brakes are bad. What should I do? I don't have any friends to take me and I don't want to take the chance of getting in accident. However I don't know if I am expected to be there or what to do?
2 people like this
6 responses
@uath13 (8192)
• United States
3 Mar 08
While you may not NEED to be there you probably should. Otherwise your leaving the whole case up to other people to argue in your behalf. I seriously doubt they'd be as passionate as you would be.
2 people like this
@jennysp8 (855)
• United States
3 Mar 08
Hi there! It really depends on your state and what type of hearing it is. If this is just to get the child support started..then I am assuming that your lawyer took all your financial information and such? Then as your lawyer, he can represent you and show the child support officer what you have. If you were not being represented by a lawyer/I know at least here in PA when dealing with Domestic Relations for child support hearings, if you call the case worker ahead of them, you can mail in all the needed paperwork from your end and then request to have a phone conference. Really, when it comes down to it, it is all a matter of figuring out some numbers...there is nothing that you are going to be able to say in person that will make them change what you are going to get. They already take into account your expenses for the child, your income, your ex's income...that's it. They have a system set in place. Beyond any laws requiring a person to be there (if there is a state that does that) there is no real need for you to be there. Good luck!!
1 person likes this
• United States
4 Mar 08
Yeh I also live in PA and the thing is my ex boyfriend and I both live in different counties. He lives in one county and I live in the other and really it was supposed to take place in my county but since I don't know where he works they switched it to his county and thats why a lawyer has been hired to stand in for me. I was told by county courthouse and their county courthouse that I am no needed to attend thats why the lawyer is there. So I dont know what to think. Thanks for your advice by the way!
@foxyfire33 (10005)
• United States
3 Mar 08
Well, I can't speak for your specific situation and I don't know your state laws but I'm not sure why they would tell you you don't need to be there...unless the paperwork is specifically for the father to appear (like if he was being held in contempt but that wouldn't be the case if you are just starting the process) From what I know of dealing with child support an order can be made even if only one party appears but it is usually in favor of the person who is there...so in your case if the ex shows up and wants to only pay $5 a week and you don't show up at all they can legally put that order through even though it seems completely ridiculous. Now if you show up wanting $200 a week and he doesn't show they can also put that through. The other thing that could happen if one of you doesn't show up is they could 'hold it over' and reschedule it for another time. I think you should do everything you can to be there or at least request a phone conference at the scheduled time. Hopefully your car will be fixed by that time so it won't be an issue anyway but what about a bus system. I know how it is to live far from town but sometimes there are buses that come out here if it's a prearranged thing.
1 person likes this
@gem4678 (220)
• United States
3 Mar 08
Well I can't say for sure with the legallaty and everything but I would think even though a lot of times you don't need to be there but I think it makes a good impression on the judge I would think if you do. If you don't he may think many things, some judges it wouldnt make a difference on but I think more often than not it may give him a bad immpression. But the transportation is a problem. Good luck I would go if you could find any possible way.
@tinkerick (1257)
• United States
3 Mar 08
You probably don't NEED to be there, but I think most people would WANT to be just to make sure their lawyer is representing them properly. However, if you don't feel safe in your vehicle for that distance I wouldn't push it. Perhaps you can ask for a copy of the stenographer's notes? (After it's been retyped of course). It might cost you $20 or so, but you'd probably spend that much on gas if you went.
1 person likes this
@susu22 (24)
• United States
4 Mar 08
your lawers advice is what i would go by.you write to your attorney a letter.tell your attorney how much support you want.the judges will make the decision.they usually grat 30%of the fathers wages or go by how much income the father is making make sure you ask your lawyer that he show his check stubs and his proof of income.your income has no bearing.also tell your kawyer you want him to be responsible for the kids insurance thr his job hopes this helps.susu22
• United States
4 Mar 08
Thanks I will do that!