i have my first hearing next tuesday...for all of you who have been to a child support court hearing...can you tell me what i am going to expect to happen?? the attorney that i spoke with from the state told me that it could be anywhere from an hour up to 3 hours...what is going to happen in that amount of time? also, my baby's daddy hasnt seen my son at all and i havent talked to him in over a year...he also doesnt work because he is mentally incapible of working(he is manic depressive bipolar) so where does that leave me with the amount of money that i should get....if he isnt working how/or do i get child support...i am not expecting anything....

thanks for the imput! it is appreciated

quote:

Originally posted by KalebsMommy:
[qb] i have my first hearing next tuesday...for all of you who have been to a child support court hearing...can you tell me what i am going to expect to happen?? the attorney that i spoke with from the state told me that it could be anywhere from an hour up to 3 hours...what is going to happen in that amount of time? also, my baby's daddy hasnt seen my son at all and i havent talked to him in over a year...he also doesnt work because he is mentally incapible of working(he is manic depressive bipolar) so where does that leave me with the amount of money that i should get....if he isnt working how/or do i get child support...i am not expecting anything....

thanks for the imput! it is appreciated [/qb]

KalebsMommy, the content of the hearing depends on what's on calendar. An hour or more is a very long time for a hearing. He probably meant it would take that long all together. You may have to wait in court a while before your case is called.

Is it for a judgment or a modification of an order that has already been established?

Keep in mind that you represent yourself. The County attorney represents the County, although your interests are similar to theirs (getting support for your child).

If your child was 5 yrs or older, you would be required to work yourself. However, at such a young age, the law generally favors you staying at home with the child. Child care costs would likely dig too deep into your pay check if you were working.

You should know that a bi-polar condition does not necessarily mean a person cannot work. People do it all the time by managing it with meds. He has the burden to prove he is incapable of working in ANY way, which is tough! I would require a medical report from a medical doctor and/or psychiatrist that indicates clearly he is unable to work in any way, shape or form. Absent that, it is only his opinion.

The court would continue the matter to give him the opportunity to prove it up. If he fails, the court can consider his earning capacity to impute income when calculating support, based on his ability and opportunity. Get the classifieds and circle jobs he would qualify for. The classifieds should be admissible, despite the hearsay rule.

Hope that helps!

Ronn (CA Child Support Attorney)

thanks for your input ronn...this is actually the very first hearing...we had a genetic test a few weeks back(that was requsted from the state) and this hearing is to determine the child support...thats all that i know.

as for the father being able to work...he is really messed up. in the entire time that i have known him(which was only about a year) he had a really hard time staying on his meds. he hasnt been able to get the right "cocktail" to control his bipolar and the depression so when he has his ups and downs they are really really intense because he cant get the meds right. i am not to sure if he has been proven that he cant work or not but i will definetly put that on my list to ask about.

as for getting the classifieds and helping him get a job...he is 28 almost 29...i dont think that should be my responsibility...even though that would probably be the only way that he would get a job...i just went through the whole "being his mom" stage and thats part of the reason why we arent together anymore. he is just a big mess. and if i had it my way i wouldnt have him in my sons life at all. but thats not my choice right now.

thank you for your response. i definetly need all the help i can get.

callie

LOL I wasn't suggesting the classifieds to be his mommy to help him find a job. I was suggesting it to prove up your case in court that there is plenty of opportunity to work! Before imputing income to someone who is voluntarily unemployed, you must prove ability and opportunity, as I indicated earlier. He is presumed to have ability to work unless HE proves otherwise, with valid medical reports that show he is completely unable to work in any way. You must be sure the report makes this conclusion based on him having taken his medication properly.

Failing to take your meds is not an excuse from working to support your children. Not being able to get the meds right is ambiguous, at best. Moreover, it is his untrained opinion. I think the problem is mostly that he does not take them. That is typically the #1 reason people with bi-polar are not functional--they don't take their meds like clock work.

If you would like to make excuses for him, that is up to you. But, the objective is to hold him accountable for supporting his baby, and I have little doubt he is unable to contribute financially in some capacity.

I wonder why so many people spell definitely incorrectly. I usually see "definately," but yours is a first that way. (just teasing you) Don't look too hard, or you might find errors in my post!

Thanks RBB... I know that you were talking to kaleb's mom but you sure gave me a great idea about taking the classifieds to court!!!

ronn,

i would like to thank you for opening my eyes to the fact that i am trying to make excuses for my babys daddy. you are totally right i am . that is actually the last thing that i want to so right now. you have no idea how i wish that he could be the greatest dad to my beautiful baby boy. but i am just being realistic. i know how he is and what his life is like and that he is NEVER going to change. he would prefer to take the illegal drugs rather than his perscribed ones. and it is a shame...but the honest truth. this is also a big reason why he hasnt seen my son at all and why we arent together. i actually havent seen him in over a year and i am really not looking forward to seeing or talking to him! but a girls gotta do what shes gotta do.

i feel that if he wants to be in my sons life at all...he needs to get himself straight. and that is something that only he can do. so the way i see it the ball is in his court.

thanks for all your input and thanks for the spelling correction!

KalebsMommy, I'm glad you saw that. It is only an indication of your graciousness that you make excuses for someone not deserving of it.

He may never be the dad you want him to be, regarding visitation and being a role model, but, you can do your part to make him write once a month (i.e., a check for child support).

Mashell, your daughters are such cuties! Before you know it, the oldest will be a teenager and you'll have to keep your gun handy for those boys!

Thanks ronn...already have the shotgun ready! Went and got the oldest one her first formal dress for their upcoming Jr. High formal and I am tripping out on how much she has grown up!!!!! It sure is scary!

Well I went back to CS court for the 1st time since my divorce and my ex didn't show up. They called his name 3 times....so a warrant was put out for his arrest. But here in Tx they only arrest if they get pulled over or go to renew his TDL.

That's been I think a yr ago now almost.