Documentary evidence for appeal hearing

[justseparated]

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

The NCP has filed an appeal on our child support case. I received a letter letting me know a hearing has been scheduled and to provide "documentary evidence to be considered at the hearing" if I wish. Should I send the same income and child care expenses proof documents I've already submitted to DSS? I'm new to this and am slightly confused.

Thanks in advance.

 

[CourtClerk]

What is he appealing? Based on what? Does he believe you are lying about your income or your child care expenses?

 

[justseparated]

What is he appealing? Based on what? Does he believe you are lying about your income or your child care expenses?

He's appealing the amount of child support from my understanding although the letter does not specify it. He used to have our child up to 2 nights per week, and this week he kept her another night hoping that would lower his child support obligation (there's no custody order at this time). I originally provided proof of my income and letters from the child care providers when applying for child support with DSS.

 

[Ohiogal]

He's appealing the amount of child support from my understanding although the letter does not specify it. He used to have our child up to 2 nights per week, and this week he kept her another night hoping that would lower his child support obligation (there's no custody order at this time). I originally provided proof of my income and letters from the child care providers when applying for child support with DSS.

You have no court orders for custody yet. He may be appealing on that basis. You are going to show you have custody and letters may very well NOT cut it. Especially if it was an administrative order and it is now going to a de novo review before a judge.

 

[justseparated]

You have no court orders for custody yet. He may be appealing on that basis. You are going to show you have custody and letters may very well NOT cut it. Especially if it was an administrative order and it is now going to a de novo review before a judge.

How do I show I have custody without a court order? If I file for custody ASAP would that be considered?

 

[Ohiogal]

How do I show I have custody without a court order? If I file for custody ASAP would that be considered?

Nope. Because that is further evidence that neither of you have custody. You also have the issue of showing that he has not tried to exercise his custody and been impeded by you because my guess is he may argue that HE has custody as well but you have impeded his exercise of parenting. You might not get child support until custody is settled and definitive.

I encourage you to keep all your postings to ONE thread rather than posting several threads on your situation.

 

[justseparated]

Nope. Because that is further evidence that neither of you have custody. You also have the issue of showing that he has not tried to exercise his custody and been impeded by you because my guess is he may argue that HE has custody as well but you have impeded his exercise of parenting. You might not get child support until custody is settled and definitive.

I encourage you to keep all your postings to ONE thread rather than posting several threads on your situation.

Thank you. I thought starting a new thread in this topic was more appropriate, but I'll take your advice.