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-   -   Been Served! (https://www.askmehelpdesk.com/showthread.php?t=200419)

  • Mar 30, 2008, 04:11 PM
    Monica2
    Been Served!
    After being served custody papers that stated my 5 year old sons father get full custody and me (the mom that has lived with and raised my son with his father in the same house for the last 5 years) only get visitation. We have already mediated and we both will have our son 50/50. What I want to know is when my sons father did all this he went through legal aid to do these papers and everything we agreed on was written up and signed by both of us. About a 2 weeks after the papers were filed legal aid called and wanted recent check stubs from my sons father. He walked out on me and at first wouldn't let me see him, so I got a job and within one day after he left can possible pay the bills and rent. We both did not summit any child support to be issued because we have him 50/50. My income will not come close to what he is making and by serving me first I felt like I didn't have rights to ask for some help from him. We also both have one other child from other relationships, My son is 13, his son is 16, then we have our son 5. When he walked out and left he took only our 5. His 16 year old son has lived with his mom for the past year.
    So not only did he leave me but left me and my son. I wasn't even working at that time. The judge is the one that ordered recent check stubs, Does anyone know since he thought he would get out of child support if the judge is asking for his most recent check stubs will he have to help us out a little? At legal aid he did have to present an expense sheet of our living expenses. But that's before he realized that I was on the lease as well and so he couldn't kick me out and he moved. Did he just jack his own self ?
  • Mar 31, 2008, 07:11 AM
    George_1950
    I'm not following this very well. You said, "Does anyone know since he thought he would get out of child support if the judge is asking for his most recent check stubs will he have to help us out a little?" But you also said, "We have already mediated and we both will have our son 50/50...he went through legal aid to do these papers and everything we agreed on was written up and signed by both of us." I think you are saying that you have been through mediation and signed your agreement, but you are wondering if the judge might still award you some financial help?
    Judges have a duty to review the financial information on behalf of the children; that may be what is going on here, even though you have entered into an agreement. If he sees something that is not right, the judge may not approve the agreement. If you are unsatisfied with what you signed, you better make your position known quickly.

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