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Allegations made after court

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singleumm

Junior Member
What is the name of your state (only U.S. law)? Maryland

On Oct. 27, 2011, my ex and I went to court for child support modification. In the presence of my ex, I submitted documentation to the attorney (from the state's attorney office) of my child care expenses. My ex stated that my notarized contract and child care receipts was fraudulent. The attorney informed him that he has the right to request a postponement so that he can obtain legal representation and also gave him a copy of the documentation to give to the lawyer of his choice. I also told him that we could come back another day and my daycare provider can testify to the documentation. Eventually he stated that he could not afford a lawyer and decided to negotiate an increase with me. We agreed to an increase that we both felt was fair and signed the paperwork. My ex signed a paper in which stated that he understood his rights and that he waived his rights to an attorney. In that office, we also testified in front of the attorney that we were not under the influence of any substance that would impair our judgment and that we were not threatened or pressured into signing the documentation and we both affirmed. Then we went into the courtroom and testified again in front of the judge affirming the same information.

Now, my ex has submitted a request to the court that he would like a de novo (requesting for another court to overlook the case and reconsider overrulling the decision) because my ex states that the attorney (from the state's attorney's office) told him that there was nothing my ex could do about the documentation my ex alledges to be fraudulent (of course this never happened). My ex also attached "proof" from our son's facebook page the night of the day we went to court in which he alledgely had a conversation with our son in which our son supposedly stated that he does not go to daycare. That night in question, I had the laptop so there was no way he could have had such a conversation with him.
He also alledges that I drew up the contract myself and signed the daycare provider's name as well as mine and had someone fraudently notarize the contract. lol.
My question is do I need to obtain legal representation against these allegations? Thanks for your help.
 
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LdiJ

Senior Member
What is the name of your state (only U.S. law)? Maryland

On Oct. 27, 2011, my ex and I went to court for child support modification. In the presence of my ex, I submitted documentation to the attorney (from the state's attorney office) of my child care expenses. My ex stated that my notarized contract and child care receipts was fraudulent. The attorney informed him that he has the right to request a postponement so that he can obtain legal representation and also gave him a copy of the documentation to give to the lawyer of his choice. I also told him that we could come back another day and my daycare provider can testify to the documentation. Eventually he stated that he could not afford a lawyer and decided to negotiate an increase with me. We agreed to an increase that we both felt was fair and signed the paperwork. My ex signed a paper in which stated that he understood his rights and that he waived his rights to an attorney. In that office, we also testified in front of the attorney that we were not under the influence of any substance that would impair our judgment and that we were not threatened or pressured into signing the documentation and we both affirmed. Then we went into the courtroom and testified again in front of the judge affirming the same information.

Now, my ex has submitted a request to the court that he would like a de novo (requesting for another court to overlook the case and reconsider overrulling the decision) because my ex states that the attorney (from the state's attorney's office) told him that there was nothing my ex could do about the documentation my ex alledges to be fraudulent (of course this never happened). My ex also attached "proof" from our son's facebook page the night of the day we went to court in which he alledgely had a conversation with our son in which our son supposedly stated that he does not go to daycare. That night in question, I had the laptop so there was no way he could have had such a conversation with him.
He also alledges that I drew up the contract myself and signed the daycare provider's name as well as mine and had someone fraudently notarize the contract. lol.
My question is do I need to obtain legal representation against these allegations? Thanks for your help.
I don't think that you need an attorney, but if he IS granted another hearing (and there is no guarantee he will be) then you probably should bring the daycare provider to court to testify if possible. Or if that isn't realistic then as much evidence as you can that your child is in daycare.
 

stealth2

Under the Radar Member
Just how old IS your son? Because if he's young enough to go to daycare, then he's too young to be on FB. And if he's old enough to legitimately have an FB page? Unless he has some issue you haven't mentioned, he's too old for daycare...
 

ProSeDadinMD

Senior Member
Just how old IS your son? Because if he's young enough to go to daycare, then he's too young to be on FB. And if he's old enough to legitimately have an FB page? Unless he has some issue you haven't mentioned, he's too old for daycare...
I have yet to find and/or hear of a "daycare" in Marylandthat will take children over 12(absentsome form of "special need").

OP, was this "court" actually a meeting with the Office of Child Support Enforcement? Nobody from the "States Attorney" would be present during something like that, or in family court, unles there is some sort of criminal charge involved. Ora large amount inarrears.
 
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mistoffolees

Senior Member
I have yet to find and/or hear of a "daycare" in Marylandthat will take children over 12(absentsome form of "special need").
That depends on what you consider day care.

The Y will take pre-teens and even teens. Many after-school programs will also take older kids.
 

ProSeDadinMD

Senior Member
The Y will take pre-teens and even teens. Many after-school programs will also take older kids.
Not the one by The Ex, she tried that(but wasn't going to enroll anyway, too expensive, doncha know...:rolleyes:)....

Just sayin'. "Daycare" in MD ends pretty much AT 12.

Maybe we expect more of our kids... I kid, i kid....
 
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mistoffolees

Senior Member

mistoffolees

Senior Member
Please to 'member that the "web" is not the end-all-be-all we would like it to be.:rolleyes:

They may have "after-school" programs, but that is NOT "daycare"...

Just sayin(as an actual MD resident:rolleyes:)...
I already said that. But why should anyone care whether it's called 'day care' or 'after school program'? The fact is that it is certainly possible to find a place to keep you kid safe - even after they turn 12.
 

ProSeDadinMD

Senior Member
I already said that. But why should anyone care whether it's called 'day care' or 'after school program'? The fact is that it is certainly possible to find a place to keep you kid safe - even after they turn 12.
Possible, yes. Mandatory, no.

And you and I are debating ages for "daycare", while neither of us know the age of the child.:rolleyes:
 
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Humusluvr

Senior Member
Possible, yes. Mandatory, no.

And you and I are debating ages for "daycare", while neither of us know the age of the child.:rolleyes:
If the child is old enough to have a FB page, his "daycare" should be SCHOOL.

And if he's three years old, with a FB page, we have bigger problems.
 

mistoffolees

Senior Member
Then it wouldn't be DAYcare. It would be AFTER SCHOOL care. I said that for a reason.
I love the way people make up definitions and expect everyone else to follow them: :rolleyes::rolleyes::rolleyes:

Day care - Wikipedia, the free encyclopedia
"Child care or day care is care of a child during the day by a person other than the child's legal guardians, typically performed by someone outside the child's immediate family. Day care is typically an ongoing service during specific periods, such as the parents' time at work."

Looks to me like after school care fits within that definition. Maybe it's regional, but after school care is commonly called day care in my state.
 

Humusluvr

Senior Member
I love the way people make up definitions and expect everyone else to follow them:

Day care - Wikipedia, the free encyclopedia
"Child care or day care is care of a child during the day by a person other than the child's legal guardians, typically performed by someone outside the child's immediate family. Day care is typically an ongoing service during specific periods, such as the parents' time at work."

Looks to me like after school care fits within that definition. Maybe it's regional, but after school care is commonly called day care in my state.
Whatevs.

Definition of DAY CARE

1
: supervision of and care for children or disabled adults that is provided during the day by a person or organization
2
: a program, facility, or organization offering day care
See day care defined for English-language learners »
See day care defined for kids »


During the DAY - kids are supposed to be in school. Especially those with FB pages. If they're in DAY care, they're too young to be in school.

Looks to me like "after school care" is after school HOURS :rolleyes::rolleyes::rolleyes::rolleyes::rolleyes::rolleyes::rolleyes::rolleyes::rolleyes::rolleyes:
 

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