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socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 37971
Experience:  Retired (mostly)
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My MSA has me not receiving child support. I wanted child

Customer Question

My MSA has me not receiving child support. I wanted child support and because my attorney quit me a few weeks before trial and the day he was granted leave the next day opposing counsel set trial certain. I found another attorney and we went to court to request a few weeks to get up to date on my case the Judge denied it. He then stated I screwed. then the night before i went to his attorney's office and with out any representation I was forced to sign a MSA for fear of being alone at my trial. I thought I was getting my home in lew of a pension and that was not the case and I thought i was getting child support and that was not the case. Needless to say I was at my trial with no representation and I explained to the judge i wanted an attorney but she allowed my original attorney to quit and then dis allowed me a new one and now i was forced to sign an agreement that I was not sure of. She did not care. Since then she has been removed from the bench for face booking people like my Ex husband. I was set up.
I applied fro child support through the state of florida and i cannot talk to the state appointed counsel. I want to know if I need to go the day of the hearing? It took the state over 2 years to get to my request . I want to know what is it that I have to prove besides not having enough money enery month? I also need to know what are the ramifications if this goes Bad for me even requesting this?
Submitted: 11 months ago.
Category: Family Law
Expert:  socrateaser replied 11 months ago.

I applied fro child support through the state of florida and i cannot talk to the state appointed counsel. I want to know if I need to go the day of the hearing?

A: If you do not attend the hearing, then you cannot be called as a witness, and that means there will be no one to testify against the other parent as to his behavior. So, yes, you must attend.

It took the state over 2 years to get to my request . I want to know what is it that I have to prove besides not having enough money enery month?

A: You must prove: (1) that there is an enforceable and valid judgment; (2) that the other parent knows of the judgment; and (3) that the other parent did not pay in accordance with the judgment (which incorporates the MSA).Prove all three elements and the court will enforce the nonpayment by contempt, which means fines and/or jail time, unless the other parent complies.

I also need to know what are the ramifications if this goes Bad for me even requesting this?

A: There are no negative ramifications, unless your original claim contains materially false statements (i.e., you lied on the request form). That would be perjury. But, you didn't lie, and even if you made a mistake, a mistake does not subject you to prosecution. Only an intentional false statement can get you into trouble.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.

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Customer: replied 11 months ago.
Its a Notice of hearing Pursuant to florida family law rule of procedure 12.491
Supplemental petition for modification of child support. on 1/22/16
Customer: replied 11 months ago.
My MSA did not include child support ever
Customer: replied 11 months ago.
I wanted it but he would not offer it
Expert:  socrateaser replied 11 months ago.

Okay,

Then you must prove that (1) you have physical custody of the child, (2) the other party is the child's father; (3) the other party's parental rights have not been terminated; and (4) the child is under 18 years of age, or under 19 and not graduated from high school.

Prove all of the above, and you're entitled to support. The amount of support depends on the other party's income.

The remainder of my original answer is unchanged.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

Expert:  socrateaser replied 10 months ago.

Hello again,

I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?

If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer -- otherwise I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

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