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    Claudia02's Avatar
    Claudia02 Posts: 1, Reputation: 1
    New Member
     
    #1

    Mar 12, 2009, 11:17 AM
    Bad court judgement for good father.
    My husband has done everything possible over the past 7 years to be part of his son's life. Over the years the court has been okay - but definitely not the best towards him - even though he pays child support on time, we travel to see his son about every 6 weeks 700 miles one way (1400 all together) and is involved in his son's life. The last court hearing was horrible - the judge did not want to hear anything bacause he was in a hurry and had to go to lunch- ultimately the judge ordered for him to pay more child support and child care based on lies from his son's mother that he makes 10,000 more a year than he actually does. What can we do to change this judgement - we are awaiting court for an appeal - but what if the judge decides that he will not change his ruling? What next?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Mar 12, 2009, 12:03 PM

    Most support should be based on income, that can be proved with checking accounts and Tax filings.

    Can I ask, it sounds like you don't have an attorney when you go to court??
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #3

    Mar 12, 2009, 12:26 PM
    Quote Originally Posted by Claudia02 View Post
    My husband has done everything possible over the past 7 years to be part of his son's life. Over the years the court has been okay - but definetly not the best towards him - eventhough he pays child support on time, we travel to see his son about every 6 weeks 700 miles one way (1400 all together) and is involved in his son's life. The last court hearing was horrible - the judge did not want to hear anything bacause he was in a hurry and had to go to lunch- ultimately the judge ordered for him to pay more child support and child care based on lies from his son's mother that he makes 10,000 more a year than he actually does. What can we do to change this judgement - we are awaiting court for an appeal - but what if the judge decides that he will not change his ruling? What next?
    I have a lot of questions, so bear with me please.

    What state is this in? I've never heard of a judge just taking one party's word as evidence of what the other party earns annually, and then basing child support on the first party's statement. They always want proof, like Fr_Chuck pointed out - paystubs, checking accounts, tax filings, etc.

    Also, how long ago did the child's mother move 700 miles away? Was your husband married to her? Did he know the child was his when it was born? If yes, why didn't he object to her moving so far away?

    How much is he paying right now in support? How much was he paying prior to the increase? Does he ever see the child aside from the 6-week trips? Do they have joint custody or does the mother have sole custody?
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
    Uber Member
     
    #4

    Mar 12, 2009, 12:49 PM

    If you don't have an attorney handling this matter for you, get one. This way the attorney can properly introduce the husband's financial picture. Usually in a do-it-yourself proceeding the outcome is never what you want.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
     
    #5

    Mar 14, 2009, 09:12 AM

    On what basis was the appeal made?

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