Temporary order CS

[ambereyes998]

I have been separated from Ex since Dec 2006 and moved into my own home in Aug 2007. Ex has been very sporadic in regards to payment of CS, has refused to finalize our separation agreement and is basically running away and avoiding the issue altogether. Our daughter is living with me 99.9999% of the time as he only sees her when he feels like it. I was wondering if I could self represent myself in regards to having temporary CS orders put in place so that I collect monthly child support and all arrears owing from Ex. Ex is claiming that he has 0 income from 2005 to 2007 as he had his own business; however, ex was running this business 24/7 while collecting sick benefits and long term disability from his employer. I have sought legal advice and have been told that I can claim he was underemployed, and have an income imputed to ex (not to mention criminal charges). I have gathered all information to prove this to a judge and want to self represent as I know ex will just drag this out. Any advice?????

[FL_Needs_To_Change]

A claim for Cs will be automatic based on his income or his ability to work if he is intentionally unemployed or underemployed.
If he is not working "legally" and he is capable of working the court will input an income on him towards which they will set the child support amount.
Void an agreement, he still owes for the duration of the separation for CS.
CS is not like spousal support where in, if you do not ask for it, you will not get it. I think with guidance from the local court house on which forms to file and how to file, you can easily get a court order in place for child support and have the matter arranged through the FRO to enforce and collect arrears. I do not think getting an amount set for arrears would be difficult either.

You would do well to have ample documentation on his present employment arrangement and his ability to work as that would go a long way to show the judge that he is capable.

Arrears and CS are not difficult or complicated issues.
You would request his last three years income tax notices of assessments, and a financial statement. If he refuses or does not comply seek a court order for him to produce them. With that you take the issue back so that the courts can set the amount if he does not start payments himself based on his income. I think from what you have mentioned that he will not voluntarily pay anything.
You will have to get an order for him to produce his financial statements etc.
And with that you will have to get an order to the CS amount plus the amount of arrears. I would go through the FRO as they have the ability to enforce the order. They can be slow to get things done, but the onus is on him to start payments right away, he cannot use the FRO's slow response time as an excuse to delay payment. Once the order is in place send him a copy just because, that way he cannot say he didn't know.

Then if he does not comply have the FRO garnish his income. IE is garnish able, however, I am not so sure about disability assistance, you would have to look into that. Anytime that you have to take a matter to court be sure to ask for costs. As a self represent, the costs to you are less, but ou can still claim any copying fees, filing fees, transportation, lost wages, day care costs for you to attend court etc. Keep it succinct and point form. If the judge feels you have included something that you are not entitled to they'll let you know.