How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask socrateaser Your Own Question

socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 32878
Experience:  Retired (mostly)
Type Your Family Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

I received divorce papers today and in it states "defendant

Resolved Question:

I received divorce papers today and in it states "defendant should be ordered to show cause there should not be a judgement in favor of the plaintiff and against the defendant, ordering the defendant to pay the plaintiff a sum in accordance with the Louisiana child support guidelines as child support for the care and support for the minor child"
Submitted: 11 months ago.
Category: Family Law
Expert:  socrateaser replied 11 months ago.
Hello,

What question can I "justanswer" for you about your circumstances?
Customer: replied 11 months ago.
What does this mean? I just would like to understand my divorce papers
Customer: replied 11 months ago.
I was wondering what the above in quotation marks meant? Her and I agreed on a set amount and I was told it was put into the divorce papers but I did not see it. And it also has a part in the divorce that I am gainfully employed! What does all that mean?
Expert:  socrateaser replied 11 months ago.
Okay, thanks.

There should be a divorce petition in addition to the order to show cause. They may be combined or not. Legally, you are required to file an response to the petition. There is, however, no form with which to do this. You will have to contact a legal aid lawyer if you cannot afford an attorney. You can also visit the courthouse and see if they have an attorney or clerk available to assist you in drafting and filing a response to the complaint.

An order to show cause hearing is like a "mini-trial," before a judge -- sort of like small claims court or "Judge Judy." You and your spouse show up and testify to why you should pay child support according to the state uniform guidelines. Generally, there is very little discretion for the court. You provide your income, pay stubs, etc., and the court decides how much you must pay, based upon a table or computer formula.

If you are unemployed, then you may be ordered to seek work -- which may include trying to get a minimum wage job, so that you can pay support.

I'll stop here, because you probably have additional questions. Let me know what's on your mind and I'll try to clarify for you.

Hope this helps.
Customer: replied 11 months ago.
Ok well then I wonder why that's in the divorce when even the lawyer wrote in the email that we will discuss child support and visitation later? The main question is do we have to go by state guidelines or can we tell the judge we have an agreed amount? I just don't want her to trick me and I did get a waiver to sign today stating I have to be in court Monday! I have no time to find a lawyer!
Expert:  socrateaser replied 11 months ago.
You and the other parent can agree on an amount different than the guidelines, but only after the judge hears you agree in open court, after you are each informed as to the amount that would be ordered under the guidelines.

Concerning your being tricked, I suspect that is what is about to happen. Only your spouse doesn't view it as a trick -- she will believe that you were trying to trick her into agreeing to a lower support award.

I can't be certain of this outcome, but that's what usually happens: as soon as the custodial parent discovers that they can get more support -- they want that support. And, once that happens, the court must order the additional support.

So, be prepared for the bad news -- that way you won't be surprised.

Please let me know if I can be of further assistance.
Customer: replied 11 months ago.
Thank you very much this has helped a lot! One more question I have a letter typed up that her and I both signed that says we agree on this certain amount and its notarized should I bring this to court?
Expert:  socrateaser replied 11 months ago.
Sure, bring it to court and see what the judge says. I believe that he/she will ask if that is the agreement that you still want to make. If your spouse says "yes," then you will get that support award. Otherwise, the court twill be forced to ignore the letter and order guideline child support.

Hope this helps.
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 32878
Experience: Retired (mostly)
socrateaser and 6 other Family Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney