not happy with the court orders any advise?

Marla - posted on 02/24/2010 ( 2 moms have responded )

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I was forced to go to court for child support because we are on medicaid and food stamps. The sperm donor was cheating on me and left me and his son for the other girl. He never even showed up to court. He was ordered to pay child support at min wage cause he wasnt there to show how much he makes. I only get $170 every month for child support and health insurance. What I dont understand is they have all of his info SSN and place of employment why cant they figure out how much he makes? The judge ordered me to put my son on CHIP but he was denied for it. Cause we are on medicaid. I still have not got the money from my ex. I feel like we got screwed in court. Isnt there some consequence to him for not showing to court? My lawyer is not answering all these questions for me we are looking for a new one as soon as i have the money. I was also told that if I wait a year and if my ex dont show up to his visitation I can take it back to court and get his rights taken away I'm saving for that right now.

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Maricela - posted on 02/24/2010

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from what i have heard, they have the other person take a paternity test and they go from there..my situation is so different...im married with my ex n we ended up in juvenile court some thing stupid he did..there i was 2 months pregnant with our second child...the juvennile judge ordered him to give me 75 a week for 1 child..i got a state attorney cuz i had no source of income n i took the court order to her n she mailed in the paperwork to his job...months after our second was born we went to court for our divorce n there we added the baby as well....all i can say, is someone is not doing something right...probably ur attorney......eitherway they usually make the partner take a paternity test..one of my friends had to do all that in order to get government help....i'd say look up info on it urself so it gets done right...Good luck

Deanna - posted on 02/24/2010

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I would file a new motion with the court to change the child support payments. You have the right in NJ (not sure where you live) to file a motion to ask for a modification in child support. It does not guarantee that it will change, but you are at least allowed to ask. If you do not think you are getting the correct amount, then file again and go back to court. See if in the meantime your lawyer can petition to get a copy of his pay stub to prove how much he makes. I know in NJ there is a set formula for how much support a child needs per week and then depending on income that determines who pays what and how much. Good luck.