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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 17531
Experience:  B.A.; M.B.A.; J.D.
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My boyfriend's ex is taking him to court support

Customer Question

My boyfriend's ex is taking him to court for child support for his twin 16 year old sons. He has not worked in 2 1/2 years due to medical issues-first because of a shoulder injury that was surgically repaired, and now due to ongoing back issues for which he has a doctor's note stating he is not to work. For 2 1/2 years up until February 2015 his sons lived with him. During that time he was not working. He now has no income at all-has applied for disability but was denied because he owns a piece of land. Her attorney requested medical records for the last two years. He refused because he has only not had the boys since February so he feels they do not need records for two years since he has a note from his doctor. This last hearing the court commissioner found for his wife since he refused to submit medical records and ordered him to pay child support and in an amount that was from when he worked over 2 1/2 years ago and to pay arrears from February. He had put in a motion to protect medical records which was to be heard at the last hearing but the commissioner never addressed it.
How can the commissioner order him to pay support when he has no income. He did provide them with the last two years of tax returns.
He needs an attorney but can't afford one, has no income, receives medical assistance and food stamps. Since it was a hearing do we request a new hearing or file for an appeal? He has had no luck finding assistance with legal help for the area he lives in. Can he ask for a court appointed attorney for this?
Submitted: 1 year ago.
Category: Family Law
Expert:  Phillips Esq. replied 1 year ago.
Hello: This isCustomer I am a licensed Attorney and I will be assisting you today.
My boyfriend's ex is taking him to court for child support for his twin 16 year old sons. He has not worked in 2 1/2 years due to medical issues-first because of a shoulder injury that was surgically repaired, and now due to ongoing back issues for which he has a doctor's note stating he is not to work. For 2 1/2 years up until February 2015 his sons lived with him. During that time he was not working. He now has no income at all-has applied for disability but was denied because he owns a piece of land. Her attorney requested medical records for the last two years. He refused because he has only not had the boys since February so he feels they do not need records for two years since he has a note from his doctor. This last hearing the court commissioner found for his wife since he refused to submit medical records and ordered him to pay child support and in an amount that was from when he worked over 2 1/2 years ago and to pay arrears from February. He had put in a motion to protect medical records which was to be heard at the last hearing but the commissioner never addressed it.
How can the commissioner order him to pay support when he has no income. He did provide them with the last two years of tax returns.
He needs an attorney but can't afford one, has no income, receives medical assistance and food stamps. Since it was a hearing do we request a new hearing or file for an appeal? He has had no luck finding assistance with legal help for the area he lives in. Can he ask for a court appointed attorney for this?

Response: He needs to request for a new hearing. He also needs to request that the commissioner hear his Motion to seal his medical records as it is related to the issue of child support. If his Motion to seal is denied, he must provide the records in order to have a chance to change the amount that he has been ordered to pay.