devorced with child

[waialua22]

What is the name of your state? illinois

my daughter recently was devorced.

she was seperated for a year,but with the cost of being a single parent,she could not afford a devorce. so when her husband brought over papers for her to sign,she signed them,i realize this wasn't smart. but it happened. now she has lost alot of rights.
she doesn't have money for an attorney. legal aid says they won't represent her and her ex. she has filed papers to go back to court without legal rep. (judge said she had 30 days to ammend the devorce)
she gives him his outlandish visitation.but he hasn't paid any child support. and she has to pay for half the tranportation. this isn't fair. could we have some advice on what to do in court on jan18-04

she lives in robinson,il,
ex use to work at prison
ex is a barber(under the table)
ex also does construction
has police on his side,because of local ties to community.
without provacation,the police has told kim they will put her in jail if she doesn't follow the devorce pappers,(his friends).
has been told by one attorney,they won't represent her because he know's her husband.
when the child was born they were not married yet, the father refused to sign the birth record.but now wants all the rights of being the father.does this give my daughter more rights?

 

[hexeliebe]

and she has to pay for half the tranportation. this isn't fair.

Isn't fair? This is actually more than fair and most often than not, what she would face with an attorney and in front of a judge.

she lives in robinson,il,

Irrelevant

ex use to work at prison

Irrelevant

ex is a barber(under the table)

Irrelevant

ex also does construction

Irrelevant

has police on his side,because of local ties to community.

And you have proof that the police are circumventing or breaking the law?

without provacation,the police has told kim they will put her in jail if she doesn't follow the devorce pappers

It's called contempt of a valid court order and it is the duty of the police to uphold such.

has been told by one attorney,they won't represent her because he know's her husband.

There is absolutely nothing improper in this.

she gives him his outlandish visitation.but he hasn't paid any child support.

Wrong. She does not give him anything. The court granted the visitation when it ruled on the divorce. And child support has nothing legally to do with visitation and/or custody. All three subjects are legally separate.

legal aid says they won't represent her and her ex.

That is correct. Most legal aid charters prohibit the representation of both sides of an issue. He beat her to the punch here.

could we have some advice on what to do in court on jan18-04

How do you expect advice when we don't know anything about the divorce except the very broad terms you've described here?

 

[nextwife]

Who has primary custody?

Is there a court order for Child Support? If he is not complying, he is in contempt and she needs to take action. When you say the father has "outlandish visitation", what does that mean - that the child gets to spend as much time with dad as with mom? Or that he barely gets visitation (which is outlandish to many)?

What does "ex used to work at prison" have to do with any of this?

 

[waialua22]

my daughter has custidey.
ex gets him tuesday night 6 pm -wed 6pm
friday6 pm -sunday6pm
my daughter doesn't want to keep him from visitation,she just wants child support. and him to leave her alone.
as far as him working at the prison: he knows the local law enforcement and is friends with them. they have walked up to my daughter on the street for no reason and told her either she lets him have visitation or they will put her in jail.they have no right to do this,it is breaking the law for them to do this just to intemidate her. he beat her up when they were married,is the reason she left him,when in the hospital,she tried to file charges against him.the papers were never filed by the police.when she tried to tell the police captain this,he said she needed proof,there was ever a statement taken.he has vandilized her van by shooting bb's into the windows,slashing her tires ect.... the police won't help,just keep saying prove it. i realize the poloce have to have proof to enforce anything. but they are siding with the ex. not all cops are legit.just because they wear a badge.
all i am saying is she is scared, she needs help and we don't know where to go. she doesn't even have family close to her for support.

 

[Ambr]

What does the original order say? (The one that she just signed off on.)

You mention that his name is not on the birth certificate. Was paternity ever established?

 

[hexeliebe]

You mention that his name is not on the birth certificate. Was paternity ever established?

I can answer that one for you Ambr, paternity was established by the court the moment the judgement for child support was issued.

It's called the putative father. and the specific statutory reference is:

750 ILCS 45/7(b-5) provides:

An action to declare the non-existence of the parent and child relationship may be brought subsequent to the adjudication of paternity in any judgment by the man adjudicated to be the father pursuant to the presumptions in Section 5 of this Act, if, as a result of DNA tests, it is discovered that the man adjudicated to be the father is not the natural father of the child. Actions brought by the adjudicated father shall be brought by verified complaint. If. as a result of the deoxyribonucleic acid (DNA) tests, the plaintiff is determined not to be the father of the child, the adjudication of paternity and any orders regarding custody, visitation, and future payments of support may be vacated . . ..

750 ILCS 45/8(3) provides:

An action to declare the non-existence of the parent and child relationship brought under subsection (b) of Section 7 of this Act [750 ILCS 45/7] shall be barred if brought later than two years after the petitioner obtains knowledge of relevant facts . . ..

750 ILCS 45/8(4) provides:

An action to declare the non-existence of the parent and child relationship brought under Section (b-5) of Section 7 of this Act [750 ILCS 45/7] shall be barred if brought more than six months after the effective date of the Amendatory Act of 1998, or more than two years after the petitioner obtains actual knowledge of the relevant facts, whichever is later.

Section 7(b) of the Illinois Parentage Act governs the circumstances under which a natural mother may challenge paternity. The statute of limitations for her challenge is found in 750 ILCS 45/8(3), providing that the action must be brought no later than two years after the petitioner obtains knowledge of the relevant facts.

 

[waialua22]

they both know he is the father,but he didn't want it on the birth cert. because they wern't married.then they got married, he still didn't want on the birth record. now he wants it on.
they both know he is the father,but hasn't been a test done.
when she signed the papers she thought he would be fair!! the next day he started with the bad stuff. she has folowed everything she signed,but he won't pay child support and keeps damaging her van. fills her 3 year olds head full of junk about hating mom ect,,,,, with out money for a lawyer and the police his friends we just don't know what to do. she can't afford to move out of town to get farther away from him.

 

[Ambr]

Sorry about that, I must have read something wrong.

Trying to follow this, but it is kind of hard.

Mom has custody.
EX - assumed to be dad - got visitation.

She mentions that <QUOTE> she just wants child support </QUOTE> but I missed where / if anything was ordered.

 

[Ambr]

Unfortunately, she won't ever "GET AWAY FROM HIM". She will have to deal with him for the next 15 years.

If she is going to go to court without a lawyer, she needs to be careful how she presents everything.

She needs to be calm and respectful.

She needs to address the child support issue - he should be held in contempt for not paying if it is ordered.

And without proof --- she does not need to go into court and repeatedly talk about everything that he has done to torment her. It is just not an image that she needs to project to the judge.

 

[stealth2]

they have walked up to my daughter on the street for no reason and told her either she lets him have visitation or they will put her in jail.they have no right to do this,it is breaking the law for them to do this just to intemidate her.

A: No, it isn't. Not unless she has a restraining order against them.

he beat her up when they were married,is the reason she left him,when in the hospital,she tried to file charges against him.the papers were never filed by the police.when she tried to tell the police captain this,he said she needed proof,there was ever a statement taken. he has vandilized her van by shooting bb's into the windows,slashing her tires ect.... the police won't help,just keep saying prove it. i realize the poloce have to have proof to enforce anything. but they are siding with the ex. not all cops are legit.just because they wear a badge.

A: The cops can do nothing unless there is proof that her ex is the one doing these things. They cannot act on her say-so alone.

all i am saying is she is scared, she needs help and we don't know where to go. she doesn't even have family close to her for support.

 

[waialua22]

amber,
child support was ordered ,at one rate when he is working construction.
another rate when he is laid of during the winter,(getting unemployment)but then he works as a barber,and gets paid under the table.
i'm not tring to cause trouble just get some advice.

hexeliebe,
mabey i'm not wording thing properly,but i'm not a lawyer, and i know alot of people get devorces without problems. and sometimes the men get the shaft, but sometime women do to.
in this case the woman is getting the shaft.so please keep my words in context. i didn't think it was fair she isn't getting child support (but still has to pay half the transportation,)
if he would pay his support,then she should pay half.i don't see why it should be a one way street.

 

[Ambr]

they have walked up to my daughter on the street for no reason and told her either she lets him have visitation or they will put her in jail.they have no right to do this,it is breaking the law for them to do this just to intemidate her.

I know it might be naive, but I like to think that the guys in blue try to help as much as they can. Even though their hands are "basically tied" the biggest part of the time.

Maybe visitation was denied and they were just informing her that it could be contempt and the possible outcomes for denying it.

 

[Ambr]

could we have some advice on what to do in court on jan18-04

Basically, your questions is.......what do we do in court?

Very calmly and collectively, you present your case to a judge.

You want to appear CALM, not vendictive and hateful.

You want to address the child support issues and the fact that he is not paying it. You will need to know -- to some degree what the amount of the arrearage is -- you mentioned 3 different amounts depending on what he was working -- that is a new formula for me, but you need to sit down and figure out an amount. He is in contempt of his child support order - for XX amount of dollars.

I don't see how she could be in contempt for not paying 1/2 of the transportation costs. Does the decree require that she pay money to the NCP for transportation? Normally - each parent just pays their own expenses in transporting the child(ren). Unless something is worded different in the decree and you have not mentioned it.

She doesn't need to go in there screaming about this - that - and the other about how is tormenting her and causing her all of this distress and how the police are harrassing her........because to be honest........the judge will probably think that she is a flake. ESPECIALLY, WITHOUT PROOF!!!!!

Just remain calm and courteous.

 

[waialua22]

stelth2,

to be fair, i know there is good cops out there,my son in law in texas was a good cop.he was shot and killed in texas last year.

 

[dequeendistress]

Good cop or not...there would have to be proof for action.

Too bad persons forget that we ALL have civil rights.