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Precedural question in CS case

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ash_78

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

NCP (me) is out of state and Pro Se.
CP is in NJ has attorney

Parties agreed to custody order (I basically got a favorable restoration plan after CP parent had denied contact with child). Parties agreed to complete child support guidelines. OC attorney sent me the worksheet filled out with income computed, things like child support/Disability/girlfriend's income computed also (sources of funds that are specifically excluded from the guidelines). I sent a letter to OC letting them know they did not agree with the computed income, cited the statute in the guidelines that excluded those items as income. OC sends proposal to judge and requests a default ruling based on me not cooperating. I send response to Judge with the same argument that OC is adding in income that is not allowed. It has been weeks now. Should I expect the OC to schedule a hearing at some point?

Background: One of the issues with the added income is if they use standard incomes the CP earns a 6 figure salary and NCP would probably be considered disabled, and it doesn't result in a CS award (the number is negative). Because the disability was as a child there is no work history so not Disability Insurance. SSI (correction SSI not SSDI) has been applied for recently (it is means based and not included the guidelines).

My other question is should I be doing anything other than waiting? I have a surgery scheduled next month and I am actually supposed to be in the hospital now. I've agreed to be admitted Friday of this week, it is unclear if I will have to stay through the operation and recovery. Depending on the tests I may have surgery moved up or they may not release me. Should I be doing anything now, because I don't know if I can be served or handle anything after Friday. Like for example should I call the Judge's clerk or assistant and give them a heads up on my situation? I have a very small amount of money saved up, but I not sure if it cover all of the childcare help I will for my kids that I have sole custody of while I am out. If I had a hearing I could probably swing a unbundled attorney just for that. I think I have done OK very basic simple communication to OC.
 
Last edited:


TheGeekess

Keeper of the Kraken
What is the name of your state (only U.S. law)? NJ

NCP (me) is out of state and Pro Se.
CP is in NJ has attorney

Parties agreed to custody order (I basically got a favorable restoration plan after CP parent had denied contact with child). Parties agreed to complete child support guidelines. OC attorney sent me the worksheet filled out with income computed, things like child support/Disability/girlfriend's income computed also (sources of funds that are specifically excluded from the guidelines). I sent a letter to OC letting them know they did not agree with the computed income, cited the statute in the guidelines that excluded those items as income. OC sends proposal to judge and requests a default ruling based on me not cooperating. I send response to Judge with the same argument that OC is adding in income that is not allowed. It has been weeks now. Should I expect the OC to schedule a hearing at some point?

Background: One of the issues with the added income is if they use standard incomes the CP earns a 6 figure salary and NCP would probably be considered disabled, and it doesn't result in a CS award (the number is negative). Because the disability was as a child there is no work history so not Disability Insurance. SSDI has been applied for recently (it is means based and not included the guidelines).

My other question is should I be doing anything other than waiting? I have a surgery scheduled next month and I am actually supposed to be in the hospital now. I've agreed to be admitted Friday of this week, it is unclear if I will have to stay through the operation and recovery. Depending on the tests I may have surgery moved up or they may not release me. Should I be doing anything now, because I don't know if I can be served or handle anything after Friday. Like for example should I call the Judge's clerk or assistant and give them a heads up on my situation? I have a very small amount of money saved up, but I not sure if it cover all of the childcare help I will for my kids that I have sole custody of while I am out. If I had a hearing I could probably swing a unbundled attorney just for that. I think I have done OK very basic simple communication to OC.
SSDI is NOT needs-based. SSI is needs-based (aka federal welfare). :cool:
 
A

ash_78

Guest
Did you complete a worksheet and send it in?

Yes. Sorry for delay. Out of the hospital today finally and notice from court the default ruling was apparently denied and hearing was scheduled. Kinda what I expected. Hearing is scheduled for two days after my surgery next month. I can't go of course. It may be possible for me to hire an attorney via "unbundled services" (file a motion/response of some sort and go to the hearing for me?) I am assuming this is the way to go. Otherwise I am not really sure, it will be months before traveling is a option again. If I file a response with copies of relevant financial and medical information but can't swing the attorney not sure if it really helps if am able to get a "call in" appointment. I was told the judge in the case does not like to make decisions, if can swing an attorney for the hearing only and it is continued I am screwed.
 

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