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2 Bumps

Does a mother need to get a lawyer when going to court for child support?

Is this something commonly done or does one just go? What if they father is bringing a lawyer to court? What happens when the mother does not go to child support court without a lawyer?

Would you opt out of going to cs court and try to resolve it outside of court with family counseling or some kind of legal agreement?

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Anonymous

Asked by Anonymous at 7:45 PM on Jul. 12, 2012 in General Parenting

Answers (5)
  • I've never used a lawyer. I handled my divorce myself, even.

    I would always go through the courts to set up child support. Without some kind of legal documentation in place, anything you decide on could easily be ignored and leave you screwed.
    wendythewriter

    Answer by wendythewriter at 7:55 PM on Jul. 12, 2012

  • all depends where you and soon to be ex are in agreement
    some can work it work between themselves
    IF you go to court, i would have a lawyer (especially if he does)
    if he is long gone and will not even show up to court- lawyer maybe not be needed
    many times when you go to court, the judge will make you and him see a mediation person- to try to make a deal without going through courts

    more info to advise on your situation
    fiatpax

    Answer by fiatpax at 8:45 PM on Jul. 12, 2012

  • depends if the state collects your child support the prosecuting attorney handles the court hearing and all legal action. I filed through the state and all I had to do was write a letter attach the divorce decree provide exhusbands information and they took care of everything.
    booklover545

    Answer by booklover545 at 9:26 PM on Jul. 12, 2012

  • The state collects the $ and then puts it on a debit card.

    The main reason he doesn't want to deal w/ the court is b/c he already pays CS for another child. I think he's just looking out for himself & not our child. So I think it would be in DS's best interest to do it. But I think that I really have no say in how much they take from ex.

    What is a lawyer's role in a CS case? Will we be able to discuss amount for CS, or does the court decide on that themselves?
    Anonymous

    Comment by Anonymous (original poster) at 10:28 PM on Jul. 12, 2012

  • In most states, you don't have a say in how much it is. Usually, there's a formula that determines how much he'll pay. They'll take your income and his, the number of children, certain expenses that each of you have, and apply the formula. If he has another child, they often have a cap on how much of his check can be taken - for example, where I live, if there's only one family of children (he has kids with only 1 woman), they can take up to 60% of his check, but if there's more than one family (he has kids with 2 or more women) they can't take more than 50% - and that's no more than 50% to pay for ALL the kids.

    If you can come to an agreement between you, then the courts won't determine it. Usually, if you have an agreement between you, they'll just approve it and incorporate it into your other documents. But I'd be concerned about agreeing to take too small an amount - I'd go through the courts and let them set it.
    wendythewriter

    Answer by wendythewriter at 7:48 AM on Jul. 13, 2012

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