Child support

[Weber1980!]

What is the name of your state?.missouri

 

[not2cleverRed]

https://forum.freeadvice.com/threads/my-attorney-has-not-helped.657786/

I have a warrant for failure to appear on child support probation violation. My daughter came to live with me four yrs ago and her Dad lies about this to the courts. Child is now18 and told the prosecutor she lived with me. Courts say I owe $19,000 ,which I don't in all reality since she lived with me. But dad has court order stating she lives with him. It's joint custody but with him having her more.child support order is on me. He doesn't even call or try to see her. He's a liar. I gave attorney $2500 retainer. Her only advice was for me to pay $19,000. She can't get warrant lifted either. I told her I'm not happy. She withdrew and I want retainer fee back. No contract was signed I never even met her only phone conversation. She has not ever appeared in court. And gave bad advice since I hired her to fight for me.

The problem is that you never filed to modify custody and child support.

Until a court order for child support is modified, it remains a court order, not a court suggestion, and is legally binding.

When you file to modify child support, the change can be backdated to the date of filing.

 

[Weber1980!]

What is the name of your state?.missouri

Missouri

 

[Weber1980!]

https://forum.freeadvice.com/threads/my-attorney-has-not-helped.657786/

I have a warrant for failure to appear on child support probation violation. My daughter came to live with me four yrs ago and her Dad lies about this to the courts. Child is now18 and told the prosecutor she lived with me. Courts say I owe $19,000 ,which I don't in all reality since she lived with me. But dad has court order stating she lives with him. It's joint custody but with him having her more.child support order is on me. He doesn't even call or try to see her. He's a liar. I gave attorney $2500 retainer. Her only advice was for me to pay $19,000. She can't get warrant lifted either. I told her I'm not happy. She withdrew and I want retainer fee back. No contract was signed I never even met her only phone conversation. She has not ever appeared in court. And gave bad advice since I hired her to fight for me.

The problem is that you never filed to modify custody and child support.

Until a court order for child support is modified, it remains a court order, not a court suggestion, and is legally binding.

When you file to modify child support, the change can be backdated to the date of filing.

I have called child support enforcement several times. They told me to have it modified and sent the paper work for me to fill out and send back. I did that, and they said they never received anything. I am doing that again today.

 

[Weber1980!]

I have called child support enforcement several times. They told me to have it modified and sent the paper work for me to fill out and send back. I did that, and they said they never received anything. I am doing that again today. Is it possible to have the past four years of arrears forgiven if I give proof(daughters statement, and creditable witnesses,along with eye doctor and school signed papers by me) that she lived with me. With no help from her Dad.

 

[stealth2]

When did the court rule that you owed the $19k?

 

[Weber1980!]

When did the court rule that you owed the $19k?

It's aprox. $19,000 every month I receive a letter stating what's owed. $350 per month. When she came to live with me he said he would immediately have child support case closed. He didn't

 

[Ohiogal]

Why didn't you go back to court and get custody and child support changed. Until then you were REQUIRED to follow court orders, including paying child support. If you did not go back to court to modify those, then you owe the $19000. Ignorance of the law is NOT an excuse.


You owe the money. You did NOTHING to show you don't owe it. Did you ever file to change custody? IF not, that is TOTALLY ON YOU!

 

[Weber1980!]

Why didn't you go back to court and get custody and child support changed. Until then you were REQUIRED to follow court orders, including paying child support. If you did not go back to court to modify those, then you owe the $19000. Ignorance of the law is NOT an excuse.


You owe the money. You did NOTHING to show you don't owe it. Did you ever file to change custody? IF not, that is TOTALLY ON YOU!

I did do something to show I don't owe. Once I was made aware that her dad didn't close the case. Me and my daughter personally talked to the prosecutor. Along with other proof

 

[stealth2]

It's aprox. $19,000 every month I receive a letter stating what's owed. $350 per month. When she came to live with me he said he would immediately have child support case closed. He didn't

That does not answer my question. You wrote that the court said you owe ~$19k. When did the court tell you that?

Did you file to have custody changed and the order against you stopped? If so - when? If not - why not?

 

[Ohiogal]

I did do something to show I don't owe. Once I was made aware that her dad didn't close the case. Me and my daughter personally talked to the prosecutor. Along with other proof

When did you file to change it? If you didn't then you are in trouble.