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pro se or attorney?

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fairisfair

Senior Member
What is the name of your state? Arizona

Hi guys and gals,

Just a quick question. If bio dad is listed as pro se with the court and he actually has an attorney, when does he have to tell them that? and when does he have to tell me?
 


fairisfair said:
What is the name of your state? Arizona

If bio dad is listed as pro se with the court and he actually has an attorney, when does he have to tell them that? and when does he have to tell me?
If you're headed to court, you might not find out until you're all in front of the judge. And you could get hit with a counter-petition right then, on-the-spot.
 

fairisfair

Senior Member
Silverplum said:
I don't know. Wish I could help you, but don't know. Sorry, Fair.
Good luck. :)
Thanks guys, a counter petition for what Inq? it is just an establishment hearing. There really shouldn't be much to it. Personally, I think he is an idiot for even hiring an atty. but hey, he's already proved that over the years.

I am only asking for the state's 3 year back support, I know that I could try to show just cause and get more, but I am just so sick of this whole thing. You guys may remember that my daughter is 16 years old. He has never paid a dime, disappeared when she was two and just floated to the surface last year. The major concern is the fact that he is a 1099 subcontractor, so I am sure that over 50% of his income is well hidden. I do have all the info as far as where he is working. So that is a plus.

I just don't want to walk into court and find myself up against an attorney. I know that he hasn't filed any kind of visitation or custody petition, and I am assuming that he won't. Paternity has been established. But, his family has told me that he has an attorney. Maybe I am worrying about nothing??
 
fairisfair said:
Thanks guys, a counter petition for what Inq? it is just an establishment hearing. There really shouldn't be much to it. Personally, I think he is an idiot for even hiring an atty. but hey, he's already proved that over the years.

I am only asking for the state's 3 year back support, I know that I could try to show just cause and get more, but I am just so sick of this whole thing. You guys may remember that my daughter is 16 years old. He has never paid a dime, disappeared when she was two and just floated to the surface last year. The major concern is the fact that he is a 1099 subcontractor, so I am sure that over 50% of his income is well hidden. I do have all the info as far as where he is working. So that is a plus.

I just don't want to walk into court and find myself up against an attorney. I know that he hasn't filed any kind of visitation or custody petition, and I am assuming that he won't. Paternity has been established. But, his family has told me that he has an attorney. Maybe I am worrying about nothing??
Custody, visitation, who knows...it's common for parents to want something in "exchange" for their cash. I'm not familiar with your story.

You suppose that he will try to hide income...do you think he wants to pay 3-years of back support? The best way to minimize the amount of support that could be ordered is to have an attorney represent him...especially if you have none -- it could save him money and headaches in the long-run.
 

fairisfair

Senior Member
update, so it is official, he has an attorney, how is this going to help him?? What do I do now?? is it worth paying the money for an attorney? the attorney generals office says no, that it is just numbers, that the state will give me at least the 3 years back support. What do YOU GUYS think??? Especially those of you that have gone pro se.
 

Silverplum

Senior Member
fairisfair said:
update, so it is official, he has an attorney, how is this going to help him?? What do I do now?? is it worth paying the money for an attorney? the attorney generals office says no, that it is just numbers, that the state will give me at least the 3 years back support. What do YOU GUYS think??? Especially those of you that have gone pro se.
I've gone pro se against an attorney in mediation, and spanked his hairy butt. I was more prepared than he.

I would think you could, too, especially considering it's just numbers and the AGO says you don't need representation.

If it was CUSTODY, I'd get an attorney no matter what.

Good luck, hon. :)
 

fairisfair

Senior Member
Silverplum said:
I've gone pro se against an attorney in mediation, and spanked his hairy butt. I was more prepared than he.

I would think you could, too, especially considering it's just numbers and the AGO says you don't need representation.

If it was CUSTODY, I'd get an attorney no matter what.

Good luck, hon. :)
As far as I know, he has not even made any filing for visitation, or any form of custody, heck that would mean responsibility wouldn't it??

This is the filing:

ANS - Answer 7/19/2006
NOTE: NOTICE OF APPEARANCE

Which just means that he is showing up, right, with Mr. Weasel attorney??

Besides which, he has no relationship with a child who is now almost 17 years old. This is the first time the attorney's name has shown up on anything, I think it may be because he is worried about me going for all 17 years, I do have quite a bit of evidence that he has 1) always known about the child 2) always presented to everyone that she was his daughter 3)lived in a manner in which to avoid service of the suit, including, never filing taxes, no employment exept under the table jobs in the last 10+ years, no bank accts. (until the new Mrs. Loser came into the picture) 4) in fact 3 days before petitioning for the DNA test, he sent her a birthday card signed Love Dad. Kind of gives you the willies doesn't it??

I on the other hand, am way too normal, you know, listed in the phone book, never missed a years tax return, kids went all 8 years to the same grade school, and now attend high school in the same district. He could have found us in a new york minute. And in fact, supposedly, he HAS known where we were for over a year before I found him.

I think I am just worrying about nothing. But he is such a little weasel. He always seems to find a way to screw somebody over, me, his friends, his family, everybody. It is just so hard to trust that it isn't going to happen again.

Please S. would you hold my hand LOL????
 
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Silverplum

Senior Member
fairisfair said:
As far as I know, he has not even made any filing for visitation, or any form of custody, heck that would mean responsibility wouldn't it??

This is the filing:

ANS - Answer 7/19/2006
NOTE: NOTICE OF APPEARANCE

Which just means that he is showing up, right, with Mr. Weasel attorney??

Besides which, he has no relationship with a child who is now almost 17 years old. This is the first time the attorney's name has shown up on anything, I think it may be because he is worried about me going for all 17 years, I do have quite a bit of evidence that he has 1) always known about the child 2) always presented to everyone that she was his daughter 3)lived in a manner in which to avoid service of the suit, including, never filing taxes, no employment exept under the table jobs in the last 10+ years, no bank accts. (until the new Mrs. Loser came into the picture) 4) in fact 3 days before petitioning for the DNA test, he sent her a birthday card signed Love Dad. Kind of gives you the willies doesn't it??

I on the other hand, am way too normal, you know, listed in the phone book, never missed a years tax return, kids went all 8 years to the same grade school, and now attend high school in the same district. He could have found us in a new york minute. And in fact, supposedly, he HAS known where we were for over a year before I found him.

I think I am just worrying about nothing. But he is such a little weasel. He always seems to find a way to screw somebody over, me, his friends, his family, everybody. It is just so hard to trust that it isn't going to happen again.

Please S. would you hold my hand LOL????
Yes, of course I will! :) You're could turn on your PMs long enough to send me your email addy or whatever. Or we can do it on the board, if you'd rather. NO prob, your choice.

And yes, the notice of appearance means he's bringing his attorney.

As for you, YOU bring everything. Filed neatly, with tabs that help you find it ASAP. Prove that YOU have provided EVERYTHING ALWAYS. Health insurance, everything.
 
fairisfair said:
update, so it is official, he has an attorney, how is this going to help him?? What do I do now?? is it worth paying the money for an attorney? the attorney generals office says no, that it is just numbers, that the state will give me at least the 3 years back support. What do YOU GUYS think??? Especially those of you that have gone pro se.
If it's "worth paying the money for an attorney" probably depends somewhat on what Dad's income looks like. If you're only talking about money and numbers, I suppose you would want to receive a larger judgement (to cover the att'y fees) than you would without an att'y.

You think Dad's going to try and hide income...How much do you figure he has to hide? $10K? $100K? An att'y might have been able to document some of that and present it to the court in a convincing manner. Could an argument be made that your att'y fees should be paid by Dad? Probably.

If you're not overly concerned with visitation, etc. and since your daughter is already 17 (only a few years of support involved / no childcare issues), you might just want to settle for whatever numbers Dad presents at the hearing. I guess anything is going to be much better than more nothing. Good luck to you.
 

fairisfair

Senior Member
Inquiry123 said:
If it's "worth paying the money for an attorney" probably depends somewhat on what Dad's income looks like. If you're only talking about money and numbers, I suppose you would want to receive a larger judgement (to cover the att'y fees) than you would without an att'y.

You think Dad's going to try and hide income...How much do you figure he has to hide? $10K? $100K? An att'y might have been able to document some of that and present it to the court in a convincing manner. Could an argument be made that your att'y fees should be paid by Dad? Probably.

If you're not overly concerned with visitation, etc. and since your daughter is already 17 (only a few years of support involved / no childcare issues), you might just want to settle for whatever numbers Dad presents at the hearing. I guess anything is going to be much better than more nothing. Good luck to you.
+

Thanks Inq. like I told Silver, I think I am just worrying about nothing. What is the worst that could happen?? anyway, like you said whatever I get is better than what I have been getting. Guess it really just pi$$e$ me off that he can afford an attorney, but hasn't paid CS in 17 years. you are right, he couldn't have more than say 30K to hide, and I think that even with an attorney, we would play hell to find it. Again, thank you for your input!!
 
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