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bethin2007 · Mar 31, 2010, 05:55 PM

Hey,

I live in Florida and the father of my daughter recently had a paternity test done. He lives in NH and I just received the child support order. It was based on default and I will receive child support based on minimum wage because he failed to appear at the hearing. I had to provide the State of NH a financial affidavit and he should have done so as well. So, is there a way I can have get a new order based on his actual wages?

Thanks
Beth

ScottGem · Mar 31, 2010, 06:32 PM

That doesn't sound right. If that were the case, just about every father would not appear to get the lowest support payment. Where was the child born? Why did you file in NH?

bethin2007 · Mar 31, 2010, 06:39 PM

The child was born in GA and I have since moved to FL. The father lives in NH and I am using a child sppt agency in FL to contact NH on my behalf. A uniform support order was received in the mail today and it states that 'This order, entered upon obligor's default, is based upon a reasonable estimate of obligor's income. Compliance with guidelines cannot be determined. Deemed income of 7.25/hour, 40 hours/week. Oh, of course, effective 7/23/09 with arrearages of 12.00/week.
I had the same thoughts as you with every father not appearing in order for this to happen. Is there anything I can do now that an order is in place?
Beth

Fr_Chuck · Mar 31, 2010, 06:59 PM

You will need ( if you don't receive a income statememt from him, prove his income. Get court order for proff of income and have the place he works provide a detailed pay history

bethin2007 · Mar 31, 2010, 07:22 PM

Ok, so the question is... am I able to do something about this since an order has just been made? Or do I have to wait 3 years to modify it?

ScottGem · Apr 1, 2010, 09:25 AM

First, If the child was born in GA and no prior order was entered before you moved to Fl, then FL should have jurisdiction. I have no idea what you went to NH courts or why they ere even ruling on this. The problem is that, now that a NH court has issued a ruling, you need to stay with NH or apply for a change in venue.

I think you need to consult an attorney (I suspect you haven't yet), who can help you appeal the ruling. You should have subpoenaed his tax records to present to court. This is what happens when you try to do things pro se, you miss things that should have been done.