Is there any reason for me to be present at hearing?

[shesaidwhat]

Decretal Judgment & Petition for modification

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

I am CP. A motion for decretal judgment was filed by the state against NCP for habitual non-payment of support. A hearing has been set for next month. I have spoken with a CSEA worker and she did say that they always recommend that the other party attend the hearings, but she can not tell me whether I should or not, as that would be "legal advice".

I know that an attorney for the state/CSEA will be handling the case. This would mean an out of state trip for me, and a possible confrontation with NCP and his wife. I am going to avoid that at all costs; NCP is very angry and owns several firearms. I fear him. They both blame me for this, and have said it is only happening because I "want more". Mind you, this action is not me asking for an increase, it is because he has failed to pay the already ordered amount (which is very little), and was initiated by the state. I was clueless until I received the papers the same as he did.

Should I be there? Would there be any benefit to my attending? Could it hurt the case if I don't go?

Thank you for any and all advice you are able to offer.What is the name of your state (only U.S. law)?

 

[Gracie3787]

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

I am CP. A motion for decretal judgment was filed by the state against NCP for habitual non-payment of support. A hearing has been set for next month. I have spoken with a CSEA worker and she did say that they always recommend that the other party attend the hearings, but she can not tell me whether I should or not, as that would be "legal advice".

I know that an attorney for the state/CSEA will be handling the case. This would mean an out of state trip for me, and a possible confrontation with NCP and his wife. I am going to avoid that at all costs; NCP is very angry and owns several firearms. I fear him. They both blame me for this, and have said it is only happening because I "want more". Mind you, this action is not me asking for an increase, it is because he has failed to pay the already ordered amount (which is very little), and was initiated by the state. I was clueless until I received the papers the same as he did.

Should I be there? Would there be any benefit to my attending? Could it hurt the case if I don't go?

Thank you for any and all advice you are able to offer.What is the name of your state (only U.S. law)?

Legally, there is no requirement for you to be present.
However, it is always best if you can be.

Ask your CSEA caseworker about the possibility of attending telephonically since you are in a different state. That way, you will know what is going on, won't have to make a trip and won't have to personally deal with ex and ex's wife.

 

[shesaidwhat]

And now a Petition for Modification from NCP

Today I received a petition for modification from a lawyer for NCP.

It states the following:

NCP petitions the Family Court .... to modify the Order of Modification .... as follows:

1 - By reducing the obligation of the NCP to pay child support to the CP for the benefit of CHILD, to an amount equal to the amount calculated pursuant to the applicable child support guidelines, as applied to the current gross monthly incomes and/or attributed monthly incomes of the respective parties.

2 - By requiring the Petitioner, incident to child support, to pay her pro-rata share of all reasonable and necessary medical, dental, orthodontic, optical, and/or psychological expenses incurred by or on behalf of the CHILD, not otherwise covered by insurance

As grounds for petition of modification, NCP states:

1 - That since the entry of the order of modification . . . there have been substantial and material changes in the circumstances of the parties as follows - -

• a - NCP has been declared by the Veterans Administration to be permanently partially disabled; that NCP currently receives disability benefit from the VA in the amount of xxx.xx per month, gross.
  
• b - NCP is not employed.
  
• c - NCP is a full time student
  
• d - NCP has remarried; a child, now 3, born of the current marriage.

2 - Due to the substantial and material changes in circumstances, it would materially promote the welfare of CHILD for the court to modify the order . . . as follows:

• By reducing the obligation of the NCP to pay child support to the CP, to an amount equal to the amount calculated pursuant to the applicable child support guidelines, as applied to the current gross monthly incomes and/or attributed monthly incomes of the parties.
  
• By requiring the CP, incident to child support, to pay her pro rata share of all reasonable and necessary medical, dental, orthodontic, optical, and/or psychological expenses incurred by or on behalf of the infant child of the parties, not otherwise covered by insurance.

3 - That the NCP is without sufficient funds to prosecute this petition for modification.

4 - That the NCP is informed and advised and upon such information and advice, believes and alleges that the CP has a present financial ability to make a contribution toward the attorney's fees and court costs to be incurred by the respondent incident to the prosecution of this petition for modification.

Wherefore, NCP, prays that the family court grant this petition for modification and modify the order . . . and that the CP be required to pay to the NCP a reasonable amount of money as attorney's fees and court costs to permit him to prosecute this petition for modification; and, that the family court grant him such other and further relief, both general and special, as the family court may deem appropriate.

Now, if I need to start another thread, please let me know and I happily will. I wasn't sure if I should or keep it together.

I hope I haven't included too much, but I really need informed answers here.

First of all, as you can see in my first post, NCP has never made regular child support payments and is currently facing court action from the state. This petition from NCP was filed only after they took action. He is currently in arrears.

Further, to respond to what this petition states, he has been approved for permanent partial disability. This does not mean that he can not work, correct? I am under the impression that VA partial disability has no bearing on a person's ability to work, but please correct me if I am wrong.

I am also not employed. I am also a full-time student in my last year of a Bachelor's degree. I am also remarried with a child born of my current marriage.

How would lowering the amount of child support "promote the welfare of CHILD" ??? NCP has stopped all contact with both myself and child. Child has always resided with me, full time.

The insurance thing is confusing. NCP has NEVER paid any medical expenses, ever. Child is covered under state health insurance. NCP is required to provide health insurance per our court order, but never has, to my knowledge.

Lastly, how in the heck am I, with no monthly income of my own, to pay his attorney's fees?? Surely this is ridiculous to even request. NCP knows that I am also a full time student and not employed. When I filed for modification 5 years ago I did it myself, easily, and free. Why should he not do the same?

Please help me. I have no idea what I need to do here. I assume my original question is kind of beside the point now, as it will be necessary for me to be present at BOTH hearings, incurring large travel costs as it is, unless I am able to attend over tele-conference, which I was not aware was even an option.

I know this is a lot, but please, I really need the help. I don't have a clue as to how to proceed from here and I most certainly can NOT afford an attorney. Do I just show up and state these things? Do I need to fill out paperwork? Can I get this stuff online or do I need to make yet another out of state trip to get them in time?? Both hearings are set for next month.

 

[LdiJ]

Today I received a petition for modification from a lawyer for NCP.

It states the following:



Now, if I need to start another thread, please let me know and I happily will. I wasn't sure if I should or keep it together.

I hope I haven't included too much, but I really need informed answers here.

First of all, as you can see in my first post, NCP has never made regular child support payments and is currently facing court action from the state. This petition from NCP was filed only after they took action. He is currently in arrears.

Further, to respond to what this petition states, he has been approved for permanent partial disability. This does not mean that he can not work, correct? I am under the impression that VA partial disability has no bearing on a person's ability to work, but please correct me if I am wrong.

I am also not employed. I am also a full-time student in my last year of a Bachelor's degree. I am also remarried with a child born of my current marriage.

How would lowering the amount of child support "promote the welfare of CHILD" ??? NCP has stopped all contact with both myself and child. Child has always resided with me, full time.

The insurance thing is confusing. NCP has NEVER paid any medical expenses, ever. Child is covered under state health insurance. NCP is required to provide health insurance per our court order, but never has, to my knowledge.

Lastly, how in the heck am I, with no monthly income of my own, to pay his attorney's fees?? Surely this is ridiculous to even request. NCP knows that I am also a full time student and not employed. When I filed for modification 5 years ago I did it myself, easily, and free. Why should he not do the same?

Please help me. I have no idea what I need to do here. I assume my original question is kind of beside the point now, as it will be necessary for me to be present at BOTH hearings, incurring large travel costs as it is, unless I am able to attend over tele-conference, which I was not aware was even an option.

I know this is a lot, but please, I really need the help. I don't have a clue as to how to proceed from here and I most certainly can NOT afford an attorney. Do I just show up and state these things? Do I need to fill out paperwork? Can I get this stuff online or do I need to make yet another out of state trip to get them in time?? Both hearings are set for next month.

You need to file a response to his motion....responding to each point individually. You can further make your arguements in court, but you need to respond to his motion.

 

[shesaidwhat]

Thank you for the reply.

Do I need to go there in person to do this? To file and/or get the response/answer forms? I have been researching self-help for WV and am unable to find a response/answer form online. I can find the petitioner's forms, the respondent's answer forms for divorce, modification forms, etc. but not anything to do an answer/response of a modification.

Also, what does the line, "By requiring the CP, incident to child support, to pay her ..." mean? "Incident to" is not a phrase that I am very familiar with and in different contexts can mean different things. I've googled and looked up the definition, but I'm still unclear. Is he asking for ME to pay HIM child support?! Can you please clarify?