Self Represenation

D

DAHP_01_05_12

New member
I seperated in Jan 2012, had a lawyer until yesterday as I can no longer provide her with retainers.

Nothing, I mean nothing got done so here I am looking for feedback.

I have two girls, 14 & 8.

OCL has been appointed for the kids and her recommendations are that I should be the primary caregiver. D14 hasn't seen her dad in over a year. D8 to visit dad when in town.

Issues

-custody and access
-child support (currently in arrears and not receiving any)
-spousal

How do I proceed? Im completely lost.
 
DAHP_01_05_12 said:
Im waiting for it, thank you.

Then what do I do? Contact the court house?
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Do you have an interim support order? Is it for CS or SS or both?

Write up a separation agreement, using the numbers in the support orders as a starting point. Use that doc as an offer to settle. Be prepared to negotiate.
 
Fisrt seperation agreement states XXX amount for CS, second temporary order indicates a lower amount of CS until his financials are disclosed to us. I wasn't gettting any child support, at the time my lawyer figured it was better then nothing. Following that temporary order, we had a settlement conference in October where again, he had none of his financials in place. The judge told him that he had to pay XXX amount and he refused and said he couldnt afford it. Now two days after our settlement conference he got his layoff. After over a year and half asking for his financials, we got it last week. And trust me, it's not nearly as close to what he's made when we were together over the course of 12 years. His arrears in CS in escalating, no advancements on spousal yet.
 
One thing to know is that judges don't usually make orders on settlement conferences. They try to advise and give some recommendations. If you need anything to actually be ordered you are better off with doing a motion. Make sure u attach eveything that u have for his financials, and ask for an order for approriate support that u have calculated and also ask for orders for him to disclose financials within two weeks. If he doesn't still disclose then you file motion for contempt.
 
If you think he deliberately lowered his income you can ask the court to impute an income in him. You will have to prove why u believe he did this on purpose.
 
Thank you I appreciate your comments and suggestions. He told the judge straight out that he couldn't afford to pay child support for two kids since D14 refuses to visit, he's now trying to convince D8 to live with him. It's a never ending battle. So frustrating.
 
start reading up on cases and getting to know as much of the procedure. it helps to know what the judge/lawyers are talking about in court. The more you know the easier it will be to navigate the system and get things done in a correct and timely manner. Its not easy self rep. One has to spend a lot of time reading and navigating the system.
The advantage is you know your file and you can give it all the attention it needs.

I am in the same position as you. I had a lawyer very briefly. He didnt do anything for me, absolutely nothing, burned through the retainer, and i decided tocut my losses. All the best!
 
Oh no ,I have a long way to go, patience is the key,, don't reach frustration point. You have to keep pushing. You have a strong case. Do you get help from the FLIC office, there are some duty counsel that are knowledgeable and then there are some that you dont want to take advise from.

This forum is great for suggestions and help. Like the other members here have said you should file a motion asking for C/S and you have to argue that he is purposely under employed and that he is capable of making much more. Once the judge imputes an income he will be obliged to pay.
I would suggest that you go to the court and speak to duty counsel. Take your files with you. Try and get a D.C that is sympathetic to your cause. Ask him/her to explain the next steps in order to get c/s, s/s, custody etc. Ask how to argue about imputing an income to your ex. Then follow the steps, do the paper work, file, serve etc. and keep on top of things. Only with relentless pressure will you achieve some success. All the best!
 
every court has an office for people that dont have representation its called
Family Law Information Centre. go to the office , ask to speak to duty counsel. Put your name on the list .Nothing moves fast,, depends on how many people are there at any given time. I would try and record what DC is saying, as later you can play it and understand how to go about it. Try your best to get them on your side, tell DC that you are very low on finance and not getting any support. If they feel your pain, they are more inclined to offer you genuine help.
 
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