presenting case at a temporary hearing for child support and visitation

[ddhl]

What is the name of your state (only U.S. law)? Georgia.

Hi, this is my first post.

I am the Father (non custodial parent). My son is 2 months born 09/04/09. The mother lived with me from her 7 month of preganancy until my son turned one month in October. The plan was she was going to move home with her mother 98 miles away until she recovered and returne the last week in October. She was going to have her own place and had a job lined up. I would watch my son M-F from 8am until 2pm (when I start work) and take him to day care and she would pick him up. This would decrease chidl care cost and allow me to bond.

Well this did not happen, she decided she was not going to come back.

based on our previous history I knew this was going to happened, so during the month of September un beknowing to her I bought one of the over the counter DNA test, I knew in my heart this was my son but I only took the test so I could have my own evidence to prove my case.

The dna was positive and I filed a legitimation, child support, and visitaion petition the end of October includeding financial affidavit, GA childsupport worksheet, parenting plan (asking for joint legal giving her sole physical) and drove the 98 miles each way to file it in her county, I did all this pro se.

I have since received her reply and counter claim She has attained a lawyer and requested a temporay hearing. In her reply she agreed to the legitamation, however, she requested supervised restricted visition with her (due to the age),rejected joint legal, wants me to pay her court cost and legal fees and the amount of the temporary child support she is asking is inflated.

do I need to reply to the conter claim or just present my case at the hearing ? I need help on the process, do I get to ask question, or do a just give a summary, How to present evidence ot the court.

Visitation:
She has left my son with me un supervised on many occasion, for DR. appointments and interviews. It appears she is doing this out of spite allows un supervised visits when it is to her benifit. I have no criminal background, I am not an alcoholic, no abusive medical history etc, Damn I work for the Department of Treasury.

Child Support:
I have no problem paying child support my numbers for the basic child support calculation came out to about the same numbers her lawyers calculated give or take a couple of dollars, however, the additional amount they are requesting I believe is inflated.

Health, she is claiming health expense of $590.00 per month. She is on medical. I added my son to my Kaiser Health plan ealry October, she has advised me she refuses to use my health plan and will tell any doctor not to accept it because I am the non custodial parent and have no rights. The additional expense for me is only $127 per month to my son.. Cant she get in trouble for continueing to use medical knowing there is other more affordable insurance.

Childcare: she is not working and is not in school. My son has not attended day care. She advise me on the 9th of November that she met with a chidl care provider and the monthly charge would be $400.00. I notice in the paper work I received that the cover sheet from the lawyer was dated on the 9th. Things that may you say UHM, the same day she filed the affidavit was the same day she met with the chidl care provider.

Court Cost and legal Fee: As a Father I initiated the action to take full responsibility for my son, legaly and financialy. Welfare did not have to chase me down, I step up to the plate on my own not years after my son was born but with 2 months. Why should I have to pay her court cost and legal fees when she decided to hire a lawyer to counter claim.

Please any one assist a father who is trying to do the right thing

 

[Isis1]

first off, congratulations, DAD!!

second, i commend you for not waiting months or even years before getting off your butt and doing something about it.

third, the DNA, was one of the smartest things you could have done. really, it should be law that all DNA are required prior to leaving the hospital for unmarried dads, (okay maybe for married dad's too) but that's just me.

do NOT under ANY circumstances agree to ANY supervised visitation. the child already lived with you. too late.

you can request the court to order mom to use your insurance first, or mom will be held responsible for ALL medical costs.

if you disagree with the child support amount, say so, the judge will run the numbers himself.

 

[LdiJ]

first off, congratulations, DAD!!

second, i commend you for not waiting months or even years before getting off your butt and doing something about it.

third, the DNA, was one of the smartest things you could have done. really, it should be law that all DNA are required prior to leaving the hospital for unmarried dads, (okay maybe for married dad's too) but that's just me.

do NOT under ANY circumstances agree to ANY supervised visitation. the child already lived with you. too late.

you can request the court to order mom to use your insurance first, or mom will be held responsible for ALL medical costs.

if you disagree with the child support amount, say so, the judge will run the numbers himself.

I agree with all of this, but I would like to point out that 400.00 a month for daycare, for an infant, is incredibly inexpensive. Even in areas where daycare is less expensive than others, its usually at least 150-200 a week for an infant.

 

[ddhl]

Thank you both for your input. I agree that $400.00 is very inexpensive for child care, however, the mother is not working or going to school and it only appears she added it to the affidavit for the temporary hearing to increase the support she is requesting.

 

[LdiJ]

Thank you both for your input. I agree that $400.00 is very inexpensive for child care, however, the mother is not working or going to school and it only appears she added it to the affidavit for the temporary hearing to increase the support she is requesting.

Obviously she is going to have to work. Its best you deal with that upfront.

 

[mdgtfrmhll]

Obviously she is going to have to work. Its best you deal with that upfront.

Even if dealt with upfront, wouldn't it only apply after the mother had starting working and had the child in daycare? Could he have it put in the order that he is only responsible for a portion of the cost for childcare if the childcare was needed due to the mother working?

 

[LdiJ]

Even if dealt with upfront, wouldn't it only apply after the mother had starting working and had the child in daycare? Could he have it put in the order that he is only responsible for a portion of the cost for childcare if the childcare was needed due to the mother working?

Daycare does apply for job searching as well.

I just think that another trip to court in a short time to add daycare would end up costing him more than adding it now.

 

[Isis1]

dad, does mom have a history or working full time? is mom working now? who is taking care of the child while mom works now?

 

[ddhl]

Yes she has a history of working, she stopped working during her last months of pregnancy. She is not working right now.

 

[LdiJ]

Yes she has a history of working, she stopped working during her last months of pregnancy. She is not working right now.

Then obviously she is planning on working again, and may be looking for a job right now since she has researched daycare.

 

[Isis1]

did she fully quit? or is she on maternity leave?

i'm wondering if $400.00 is the daycare costs cut in half.

 

[Hisbabygirl77]

did she fully quit? or is she on maternity leave?

i'm wondering if $400.00 is the daycare costs cut in half.

You know it really depends on where you live. In my town day care cost are an average of 90-110 a week. So here 400$ a month would be about right. I would say he should look in his phone book and call a bunch of daycares to see.

 

[Isis1]

You know it really depends on where you live. In my town day care cost are an average of 90-110 a week. So here 400$ a month would be about right. I would say he should look in his phone book and call a bunch of daycares to see.

for an infant?? really? if i lose all my common sense (mored than already) and actually HAVE another baby, i'm so moving to AZ.

 

[ddhl]

You all have been so helpfull. Thank you for the sugesstion as how to handle the insurance since I have already added my son on my insurance. Thanks for the suggestions to start the case of with the childcare included, which was a good suggestion, she will eventualy have to work or go school and $400.00 is an excellent rate. I really do not want to keep going back to court to fight over nickles and dimes. This is why I started the initial action. I want to pay what ever is needed to assist her with raising my son and continue my bonding with him. I am doing this pro se, I do not want to give a lawyer money that I can be putting into a college fund for my son.

[U]I do need help with the following, the counter claim had no information as to a requirement for me to answer. So does this mean I present my case in court concerning the Supervised and Restricted Visitation she has requested , the her rejection to having Joint legal custody, and her legal fees. [/U]

Has an body been to one of these temporary hearings and whats the process. Thanks again, you guys have been so helpfull, I originaly was going to work out somehting out of court but I was told to read comments on this site and realized that out of court stuff does not work in the non custodial fathers favor.

 

[ddhl]

did she fully quit? or is she on maternity leave?

i'm wondering if $400.00 is the daycare costs cut in half.

She not on Maternity leave, she quit before she got fired.