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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 34996
Experience:  16 yrs. of experience including family law.
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I have a question regarding child support. My sons father

Customer Question

I have a question regarding child support. My sons father and I have never been through the court system, he currently pays me 450.00/month and I know he makes anywhere between at least $85,000.00-$100,00.00 a year. I am on disability and for myself I receive around 1200.00, my 4 kids each get 161.00 each month. I don't know if what the kids receive is counted as my income...but can I just go to the courthouse and file papers or do I need to hire an attorney. My son is 12, is that old enough to pick who he wants to live with?
Submitted: 2 years ago.
Category: Family Law
Expert:  P. Simmons replied 2 years ago.

My name is***** have over 16 years experience in the law. Should you like to chat on the phone I am happy to for a nominal cost. Let me know at any time during our question and answer session if you are interested I am happy to give you more details.

There are a few ways you can proceed.

Perhaps the easiest would be to hire an attorney; if you hire a local attorney they can prepare and present the case to the court to ensure the best chance for a timely ruling in your favor.

You can file the case on your own, however if you do so you must act as your own attorney. The adage "a man who represents himself has a fool for a client" is often true. If you act as your own lawyer, the court will expect you to know the law/rules/procedure/evidence just as if you were admitted to the bar. They (the court) will not cut you any slack. If the goal is to win the case, hire a lawyer.

Finally, it may be possible for you to obtain assistance from the state. Your county will have a child support enforcement agency; if you contact them it may be they can help you file this case at no charge.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.