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DanAsh7707 · Nov 17, 2008, 12:42 PM

Ok, I have posted a thread previously about my 7 year old step-daughter that has issues because her mother left her going on 3 years ago. Now, I was just wondering if anyone has any advice about what my husband and I need to be prepared for when we go to court tomorrow for child support. This is the first time we have been to court over this matter... besides when my husband first got his children and went to court for emergency custody.. he had a lawyer at the time... He was given emergency custody and is the sole care provider over his 2 girls... but his lawyer says he will not need one for the child support hearing because the prosecutor will do all of that...

I have been their care giver since I got with my husband 2 years ago... His youngest daughter was 18 months old and she thinks I am her mom.. I am so afraid that it will mess her up if the courts give the mother any kind of custody what-so-ever.. The 7 year old has mental issues over this because she hasn't seen or heard from her mother in almost 3 years. I have a strong feeling that the judge will see it like we do and realize the mother fled state 3 years ago and hasn't attempted to be in their lives AT ALL!

I don't know, I guess I am just really nervous about the whole situation because they are like my own children and if she gets any benefit of getting them... It will tear me and my husbands heart out literally!!

If any one has any reassurance or advice I would greatly appreciate it!! :confused:

Fr_Chuck · Nov 17, 2008, 01:01 PM

If the other side has an attorney you alwasys need an attorney.

If this is a child support hearning, not a custody hearing, not any other type of hearing, just child support, it is done normally by state forumla of a min amount. Often it is done in some states without any court appearance, both sides provide income documentation and the support order is issued.

If they are going to bring up new motions on custody, you need an attorney

DanAsh7707 · Nov 17, 2008, 01:24 PM

It is strictly a child support hearing.. Here in Indiana they do child support and visitation all at one time if visitation has not been done.. She lives in South Carolina and we highly doubt she will show up.. She spends all of her money on other things that are more important to her.. I just wasn't sure if anyone else has been through something similar and had any suggestions or could possibly give us an idea of what to expect... We do have a lawyer although when my husband went to see him he said he would not have to be there to appoint him because the prosecutor would appoint him with this type of hearing. The lawyer we have is a good one so I do trust his judgment.. but.. I guess I am just worrying way too much over something I really do not have to worry about. I really appreciate your response.

stinawords · Nov 17, 2008, 02:16 PM

Right in Indiana the prosecutor will be on your side as far as the support thing. The judge will look at her financil records and plug the info into Indiana's formula and the support will be ordered. It really isn't a big deal thing. Its up to her to request visitation so if she dosen't show up then she won't be requesting any visitation. However, at any point that she wants to she can and the judge will decide how much to give her but with the given situation it would most likely start with supervised visits. Please come back tomorrow (or in a few days) to let us know how it worked out. But like I said if all she does is send in her financials then it will be a simple matter of support.

DanAsh7707 · Nov 17, 2008, 03:07 PM

Thanks for the response and I will defiantly give y'all an update... I am praying it all goes well!
Thanks again!

DanAsh7707 · Nov 18, 2008, 09:57 AM

Update... We just got back from court.. She didn't show, not surprised! Anyway they did not have verification of her income so with their calculations she is issued to pay $71 per week. They did put a warrant for her arrest and told us to get her to Indiana some way, somehow and the judge said they would be glad to give her an escort and supply her with accommodations! Lol... Anyways.. just thought I would give y'all an update on it.. They are going to go in with South Carolina and get her into court there and make her pay the child support there and send it to Indiana.

Now, does anyone know why she was not appointed to pay arrearage from the time we filed for the support? I was told they would go back from the day we filed for it until we went to court and any of that would be arrearage. They set her to pay only $71 a week for 2 children and she hasn't been in their lives for almost 3 years. My husband did not get a chance to ask the judge or prosecutor because he didn't look at the paper until we left the court house. So if anyone knows anything about this.. We would appreciate the knowledge!

Thanks!

stinawords · Nov 18, 2008, 10:21 AM

Arrears are not always granted. That is really at the judges discretion how long ago did you file?

DanAsh7707 · Nov 18, 2008, 11:09 AM

It is a year this month that we filed.. It took them about 8 months to locate her--after we had already gave them her address--and then 4 months to get into court!

stinawords · Nov 18, 2008, 12:24 PM

Your husband can always call the prosecutors office and ask them (he will probably have to leave a message and have someone call him back). But like I said arrearages aren't an absolute who was it that told you your husband would get it? The other thing you will have to remember is that while you have been a part of the children's lives for this long you are just a step parent. They may consider you to be their mother for ever but legally there is nothing you can do. It isn't uncommon for it to take four months or even six months to get into court most of the courts are severely backlogged.