What is the name of your state? TN
My son's dad filed for a modification of child support for his daughter last year with the child support agency. After all of the numbers were crunched, the child support agency ordered that support be reduced by $150. When his daughter's mother got the order in the mail that support would be reduced she of course filed for an appeal of the order.
There was to be a hearing with the CSA, however the first time the hearing came around she filed for a continuance. The second time she withdrew the appeal and then requested that there be a judicial hearing on the support. She has not been working during any of this time and it has been going on for over 6 months. At one point, she filed for government assistance. He isn't sure if she ever received anything but he does know that she did file.
Anyway, he went to court for the judicial hearing without a lawyer of his own however a rep from the CSA was there. He had been in constant contact with the CSA rep and had been informed that she had all of the documentation she needed to go before the judge.
When he got to court, none of the paperwork that was filed with the CSA was there. There was no order showing the reduction in the file at all. He had most of his paperwork with him however he did leave the most important paper at home so there was no proof of it in the file.
The judge was informed that the mother of the child was not working and has not had a steady job since last May where she made over $38000 a year. She now claims that at the last two temp jobs she has only made $11/hr and $14/hr. The judge calculated her income at being $14/hr. He then stated that with her income being that and his being what it was, had he made $10 more he would actually have had to increase the support by $100.
My son's dad asked how that could be when the CSA said that it should actually be lowered by $100 but the judge said that he had no proof of it. So, my son's dad said that he would like time to go to the CSA office to see if the paperwork was there in his file, so the judge agreed and dismissed the case. However, the order of the dismissal has him as the petitioner when it should have been her. He filed the initial modification through the CSA, but there was an order, she appealed then withdrew the appeal and filed for the judicial hearing.
How is any of this right?
Needless to say the CSA had none of the paperwork when he went to the office, so he drove home, 3 hrs away found his papers he had received and then faxed them in. When he called them back they said that there was nothing he could do at this point since there was an order of dismissal in the judicial hearing.
What should he do? I've told him that he should hire a lawyer to try to straighten this mess out, but he has no faith in lawyers and is convinced that he can do it on his own. His theory is that if he loses the case, at least he wont have to pay a lawyer as he has in the past with lawyers that have done absolutely nothing.
Sorry so long. Thanks!
My son's dad filed for a modification of child support for his daughter last year with the child support agency. After all of the numbers were crunched, the child support agency ordered that support be reduced by $150. When his daughter's mother got the order in the mail that support would be reduced she of course filed for an appeal of the order.
There was to be a hearing with the CSA, however the first time the hearing came around she filed for a continuance. The second time she withdrew the appeal and then requested that there be a judicial hearing on the support. She has not been working during any of this time and it has been going on for over 6 months. At one point, she filed for government assistance. He isn't sure if she ever received anything but he does know that she did file.
Anyway, he went to court for the judicial hearing without a lawyer of his own however a rep from the CSA was there. He had been in constant contact with the CSA rep and had been informed that she had all of the documentation she needed to go before the judge.
When he got to court, none of the paperwork that was filed with the CSA was there. There was no order showing the reduction in the file at all. He had most of his paperwork with him however he did leave the most important paper at home so there was no proof of it in the file.
The judge was informed that the mother of the child was not working and has not had a steady job since last May where she made over $38000 a year. She now claims that at the last two temp jobs she has only made $11/hr and $14/hr. The judge calculated her income at being $14/hr. He then stated that with her income being that and his being what it was, had he made $10 more he would actually have had to increase the support by $100.
My son's dad asked how that could be when the CSA said that it should actually be lowered by $100 but the judge said that he had no proof of it. So, my son's dad said that he would like time to go to the CSA office to see if the paperwork was there in his file, so the judge agreed and dismissed the case. However, the order of the dismissal has him as the petitioner when it should have been her. He filed the initial modification through the CSA, but there was an order, she appealed then withdrew the appeal and filed for the judicial hearing.
How is any of this right?
Needless to say the CSA had none of the paperwork when he went to the office, so he drove home, 3 hrs away found his papers he had received and then faxed them in. When he called them back they said that there was nothing he could do at this point since there was an order of dismissal in the judicial hearing.
What should he do? I've told him that he should hire a lawyer to try to straighten this mess out, but he has no faith in lawyers and is convinced that he can do it on his own. His theory is that if he loses the case, at least he wont have to pay a lawyer as he has in the past with lawyers that have done absolutely nothing.
Sorry so long. Thanks!