Need advice on what to do - incorrect info on court order

[puff]

What is the name of your state? Missouri

My brother is in federal prison in South Dakota for white collar crime.

He received a summons for child custody and support hearing, and submitted the requested information including the financial sheet.

He was never notified of the hearing date and since he is incarcerated, he cannot go online and look up it up.

So the hearing took place without him. They granted sole custody to the mother and supervised visitation for 2 years to him. Although that's not fair, he does not plan to fight that until he's out of prison and done with parole or probation (I mix them up)

However, the court stated he must pay $269/month child support back dated to February, saying he makes $1,700/month. He's incarcerated and makes 25 cents an hour. He's been in for over 3 years. He has no assets whatsoever, no house, car, stocks, savings, nothing. His last 3 tax returns were for $0.

I also found that there's a federal law that incarceration is involuntary unemployment, and Missouri abides by that:
On Dec. 20, 2016, the Office of Child Support Enforcement (OCSE) published final rules updating the rules regarding child support enforcement.

• Incarcerated with a Child Support Order: the rule ensures the right of all parents to seek a review of their order when their circumstances change. While these provisions apply to all parties involved, they specifically address incarcerated noncustodial parents and their ability to have the child support order reviewed and potentially modified while they are incarcerated. The rule prohibits states from treating incarceration as voluntary unemployment for purposes of modifying a child support order. Currently 36 states and D.C. treat incarceration as involuntary unemployment.

More on the federal rule here: https://www.ncsl.org/research/human-services/child-support-and-incarceration.aspx

We have zero money for an attorney so I'm going to do my best to file something for him. I can't figure out whether I should:

1. File to set aside the court order since he received no notice of the hearing
2. Appeal the order (how?)
3. Use the Missouri self representation modification of child support form

 

[quincy]

What is the name of your state? Missouri

My brother is in federal prison in South Dakota for white collar crime.

He received a summons for child custody and support hearing, and submitted the requested information including the financial sheet.

He was never notified of the hearing date and since he is incarcerated, he cannot go online and look up it up.

So the hearing took place without him. They granted sole custody to the mother and supervised visitation for 2 years to him. Although that's not fair, he does not plan to fight that until he's out of prison and done with parole or probation (I mix them up)

However, the court stated he must pay $269/month child support back dated to February, saying he makes $1,700/month. He's incarcerated and makes 25 cents an hour. He's been in for over 3 years. He has no assets whatsoever, no house, car, stocks, savings, nothing. His last 3 tax returns were for $0.

I also found that there's a federal law that incarceration is involuntary unemployment, and Missouri abides by that:
On Dec. 20, 2016, the Office of Child Support Enforcement (OCSE) published final rules updating the rules regarding child support enforcement.

• Incarcerated with a Child Support Order: the rule ensures the right of all parents to seek a review of their order when their circumstances change. While these provisions apply to all parties involved, they specifically address incarcerated noncustodial parents and their ability to have the child support order reviewed and potentially modified while they are incarcerated. The rule prohibits states from treating incarceration as voluntary unemployment for purposes of modifying a child support order. Currently 36 states and D.C. treat incarceration as involuntary unemployment.

More on the federal rule here: https://www.ncsl.org/research/human-services/child-support-and-incarceration.aspx

We have zero money for an attorney so I'm going to do my best to file something for him. I can't figure out whether I should:

1. File to set aside the court order since he received no notice of the hearing
2. Appeal the order (how?)
3. Use the Missouri self representation modification of child support form

Unless you are an attorney, you cannot file anything for your brother. The prison has legal assistance available that he should check out.

 

[Just Blue]

What is the name of your state? Missouri

My brother is in federal prison in South Dakota for white collar crime.

He received a summons for child custody and support hearing, and submitted the requested information including the financial sheet.

He was never notified of the hearing date and since he is incarcerated, he cannot go online and look up it up.

So the hearing took place without him. They granted sole custody to the mother and supervised visitation for 2 years to him. Although that's not fair, he does not plan to fight that until he's out of prison and done with parole or probation (I mix them up)

However, the court stated he must pay $269/month child support back dated to February, saying he makes $1,700/month. He's incarcerated and makes 25 cents an hour. He's been in for over 3 years. He has no assets whatsoever, no house, car, stocks, savings, nothing. His last 3 tax returns were for $0.

I also found that there's a federal law that incarceration is involuntary unemployment, and Missouri abides by that:
On Dec. 20, 2016, the Office of Child Support Enforcement (OCSE) published final rules updating the rules regarding child support enforcement.

• Incarcerated with a Child Support Order: the rule ensures the right of all parents to seek a review of their order when their circumstances change. While these provisions apply to all parties involved, they specifically address incarcerated noncustodial parents and their ability to have the child support order reviewed and potentially modified while they are incarcerated. The rule prohibits states from treating incarceration as voluntary unemployment for purposes of modifying a child support order. Currently 36 states and D.C. treat incarceration as involuntary unemployment.

More on the federal rule here: https://www.ncsl.org/research/human-services/child-support-and-incarceration.aspx

We have zero money for an attorney so I'm going to do my best to file something for him. I can't figure out whether I should:

1. File to set aside the court order since he received no notice of the hearing
2. Appeal the order (how?)
3. Use the Missouri self representation modification of child support form

Unless you are a licensed attorney, you can not file anything for him. That would be an unlicensed practice of law which is against the law.

 

[Just Blue]

Then he can join his brother in prison.

That's true.

 

[quincy]

What is the name of your state? Missouri

My brother is in federal prison in South Dakota ... He was never notified of the hearing date and since he is incarcerated, he cannot go online and look up it up.

So the hearing took place without him. They granted sole custody to the mother and supervised visitation for 2 years to him. Although that's not fair, he does not plan to fight that until he's out of prison and done with parole or probation (I mix them up)

However, the court stated he must pay $269/month child support back dated to February, saying he makes $1,700/month. He's incarcerated and makes 25 cents an hour. He's been in for over 3 years. He has no assets whatsoever, no house, car, stocks, savings, nothing. His last 3 tax returns were for $0.

I also found that there's a federal law that incarceration is involuntary unemployment, and Missouri abides by that:
On Dec. 20, 2016, the Office of Child Support Enforcement (OCSE) published final rules updating the rules regarding child support enforcement.

• Incarcerated with a Child Support Order: the rule ensures the right of all parents to seek a review of their order when their circumstances change. While these provisions apply to all parties involved, they specifically address incarcerated noncustodial parents and their ability to have the child support order reviewed and potentially modified while they are incarcerated. The rule prohibits states from treating incarceration as voluntary unemployment for purposes of modifying a child support order. Currently 36 states and D.C. treat incarceration as involuntary unemployment.

More on the federal rule here: https://www.ncsl.org/research/human-services/child-support-and-incarceration.aspx

We have zero money for an attorney so I'm going to do my best to file something for him. I can't figure out whether I should:

1. File to set aside the court order since he received no notice of the hearing
2. Appeal the order (how?)
3. Use the Missouri self representation modification of child support form

You say that your brother cannot go online to look things up. Your brother, if incarcerated in a federal prison in South Dakota, was issued a free tablet computer that provides access to legal research services.

 

[stealth2]

As stated, you won't be able to <edited for clarity> prepare file anything for your brother. He will need to use the tablet provided (as stated by quincy) and/or access the law library at the prison to further his research.

Per what you posted, the CS does seem unreasonable - what numbers did he put on the financial sheet?

As for Mom's sole custody and the supervised visitation - what do you see as unfair? How old is/are the child(ren)? When is he likely to be released? Given that he's been incarcerated for three years already, by the time he gets out, the children may well view him as a stranger. Giving him unsupervised visitation may not be the best thing for the kids. Does he have contact?

 

[zddoodah]

They granted sole custody to the mother and supervised visitation for 2 years to him. Although that's not fair

How is it not "fair"? He's in prison, so he obviously can't have unsupervised visitation or any sort of physical custody.

We have zero money for an attorney so I'm going to do my best to file something for him. I can't figure out whether I should:

1. File to set aside the court order since he received no notice of the hearing
2. Appeal the order (how?)
3. Use the Missouri self representation modification of child support form

Your statements that "[h]e received a summons for child custody and support hearing" and that "he received no notice of the hearing" seem to be in conflict. Your post suggests no basis for an appeal or modification. Even if he could get the order set aside for failure of notice, your post suggests no reason why the court wouldn't enter the same order after a properly noticed hearing.

Unless you are a licensed attorney, you can not file anything for him. That would be an unlicensed practice of law

Incorrect. The overwhelming majority of documents are filed by non-attorneys. What you probably meant to write is that the OP may not legally prepare documents for his/her brother, except that he may act as a scrivener who fills out documents as directed by the incarcerated brother. The OP absolutely may file documents that his brother prepares.

 

[Zigner]

His last 3 tax returns were for $0.

That doesn't make sense. Why would he file a tax return with zero income?

 

[quincy]

That doesn't make sense. Why would he file a tax return with zero income?

Stimulus check, maybe? Proof of (no) income?

 

[Zigner]

Stimulus check, maybe?

From three years ago?

 

[quincy]

From three years ago?

I added “proof of (no) income” to my post.

As a note: South Dakota decided to save money by doing away with prison libraries and legal advocates in the prisons. These acts spawned a couple of lawsuits, claiming that the tablets cannot be used by those who cannot read and cannot teach legal research skills (among other complaints). I don’t know the current status of these suits.

 

[stealth2]

As a note: South Dakota decided to save money by doing away with prison libraries and legal advocates in the prisons. These acts spawned a couple of lawsuits, claiming that the tablets cannot be used by those who cannot read and cannot teach legal research skills (among other complaints). I don’t know the current status of these suits.

But would that include Federal prisons in SD?

 

[quincy]

But would that include Federal prisons in SD?

Oops. No. The lawsuits are federal but South Dakota removed prison libraries in state prisons in exchange for giving all inmates their own free tablet. The state has limited what can be accessed by a prisoner but there is Lexis/Nexis available. Sorry. Ignore my previous post.

 

[stealth2]

Oops. No. The lawsuits are federal but South Dakota removed prison libraries in state prisons in exchange for giving all inmates their own free tablet. The state has limited what can be accessed by a prisoner but there is Lexis/Nexis available. Sorry. Ignore my previous post.

Do they get tablets in Federal prisons?