Dad's rights

[grace01]

What is the name of your state? Colorado
My husband's ex told the courts that he has not supported his daughter for the past 6 years. He didn't take the proof for all those years because he was told it was only the past year was in question and it was supposed to be a mediation hearing. Now he is expected to pay past support for years he actually paid more without a court order, than he will have to pay now with one. For almost a year of that time his daughter lived with us four days out of the week and he still paid the same amount of support as well as all doctor and dentist copays and school dues and lunches. If we provide the cancelled checks for the support during those years, can that back amount be removed?

 

[BL]

What is the name of your state? Colorado
My husband's ex told the courts that he has not supported his daughter for the past 6 years. He didn't take the proof for all those years because he was told it was only the past year was in question and it was supposed to be a mediation hearing. Now he is expected to pay past support for years he actually paid more without a court order, than he will have to pay now with one. For almost a year of that time his daughter lived with us four days out of the week and he still paid the same amount of support as well as all doctor and dentist copays and school dues and lunches. If we provide the cancelled checks for the support during those years, can that back amount be removed?

And did he argue that fact ? He has receipts for all those years at the hearing ?
Did he request an adjournment , to be able to prove he paid ?

Who told him he would only have to bring 1 yrs worth , and it was only a mediation ?

And why didn't he Just bring ALL his receipts anyways ? I dam sure would have .

 

[Gracie3787]

What is the name of your state? Colorado
My husband's ex told the courts that he has not supported his daughter for the past 6 years. He didn't take the proof for all those years because he was told it was only the past year was in question and it was supposed to be a mediation hearing. Now he is expected to pay past support for years he actually paid more without a court order, than he will have to pay now with one. For almost a year of that time his daughter lived with us four days out of the week and he still paid the same amount of support as well as all doctor and dentist copays and school dues and lunches. If we provide the cancelled checks for the support during those years, can that back amount be removed?

This same kind of sneaky, underhanded bull**** was pulled on my husband also, so it doesn't suprise me that it happened to your hubby also.

Does your hubby have any papers showing that the "meeting" was supposed to be a mediation, and not a hearing? Does he have anything proving that only the 1 previous year was in question? If so, then he needs to go back to court and present all of those to have the order changed. (plus all reciepts for payments made).

He can file for a Rehearing (depending on how much time has elapsed since the date of order) or he can file for a modification.

Does he have an attorney? If not and you can't afford one, check to see if there is any Legal Aid available. If he has to go pro-se, he will need to take any and ALL papers to court with him (even if it seems like they might not be needed, he should take them anyway). And most important, for a pro-se person, he should hire a court reporting agency to record the hearing. This is to protect his rights and give him proof of what is said and done in hearing, just in case he needs to file an appeal.

While I understand what Blonde Lebinese is saying, I also know that there are times that a NCP isn't allowed to speak or object, or anything else in court, which is why either having an attorney or a court reporter is so very important.
Good luck.
Gracie

 

[stealth2]

As I said in another post yesterday (I think) - this is one of the reasons why it is so foolish to have "gentlemen's agreements" regarding important issues such as custody and child support. It's all great while you're getting along. And it all goes to hell when you're not. A judge may well rule that what he was paying w/o an order is a "gift" to the ex.

Sorry.