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    DrBretson's Avatar
    DrBretson Posts: 3, Reputation: 1
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    #1

    Nov 9, 2007, 01:51 PM
    Child support hearing/paternity
    Yes, could someone familiar with child support hearings please help me out if you can... I have a hearing scheduled for the near future filed by the child's mother and I was just wondering exactly how the proceedings work. For instance, this is an out-of-state case and as I have not spoken to her in sometime will she have to appear at this hearing? Also, it states that she has attorneys from my hometown. Does anyone know why this would be... can she obtain lawyers without having to appear? I am just trying to understand and prepare myself for what will happen. There has also been a denial of paternity filed by my attorney and I was wondering if she would have been informed of this before the scheduled court date, as I was informed the judge will order a paternity test on said court date. Any info you could provide would be greatly appreciated.
    cjonline's Avatar
    cjonline Posts: 217, Reputation: 19
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    #2

    Nov 9, 2007, 05:29 PM
    She may or may not be there, but her attorney would have to be there if she isn't. You can get an attorney from anywhere over the phone/internet or maybe her family got the attorney for her, but yes, she can live in one state and her attorney can be in another.

    The attorney's know what was filed and what will happen, her attorney would have told her that you are denying you're the father. I do believe that you will be ordered to take a test and go back to court, most likely the next date will be set at that hearing; you'll have X number of days to take the test. If you know that your not the father you may want to see about taking the test so the whole matter can be concluded asap. If you are proved to be the father then the support will be back-dated to either the birth of the child or the date she filed for support, depending on you area.

    The support itself is set by a guideline done by the state. They will require you to show your income, she will provide her income, the childcare expenses, and medical expenses. More often than not the NCP will be required to pay all of the medical insurance.

    What state are you in? Most states have a online guideline, have you tried looking on the site for your city court or social services.
    DrBretson's Avatar
    DrBretson Posts: 3, Reputation: 1
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    #3

    Nov 13, 2007, 09:37 AM
    Idiots.
    macksmom's Avatar
    macksmom Posts: 1,787, Reputation: 152
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    #4

    Nov 13, 2007, 10:17 AM
    All aside (from your unwarranted attacks on me)... I still can offer input if you'd like...

    The court papers would not have an attorney listed if she did not have one. So you can be pretty sure that she does.

    It all depends on her relationship with her attorney. If she doesn't really speak to them other than in court, she will not know of the denial of paternity until she gets into court and her attorney presents it to her.

    If she continues to not show up for court, the child support hearing will be dismissed.
    cjonline's Avatar
    cjonline Posts: 217, Reputation: 19
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    #5

    Nov 13, 2007, 11:22 AM
    Macksmom is right. Her attorney will tell her everything she needs to know. I wouldn't worry about her knowing or not knowing what your doing. What does it matter anyway?

    You do what the Judge says and show up and get the test done. You will go back to court and the case will be dismissed (if your not the father) or you will have to provide information and support will be set (if you are the father). If you know that you are the father before the court date then have your attorney file for visitation and custody so it can be heard at the same time as the support -- that is if you want to be a part of the child's life.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Nov 13, 2007, 12:19 PM
    I don't know what your fixation is on the mother finding out about the denial. Its really a moot point. Take the test, find out whether it is your child and proceed from there.

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