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No CS Order

Started by Giggles, Apr 15, 2005, 05:01:12 AM

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Giggles

Hi Soc,

My custody order took place in Montgomery Co., MD back in Sept 1998.  I was given residential custody and the father and I share joint legal custody.  Father has been sending $275 a month mostly every month.  I am in the process of buying a house through a special program for low-income individuals and they needed a copy of my support order.  I call the attorney I had and he didn't have a copy of the order so I called the court clerk and according to her, there was NO support order filed.

1.  Do I have any recourse against my attorney?

2.  I did file a case through CSE, but received a notice from them that they were closing the case because it was "Not in the best interest of the child"..does this sound right?

3.  Any suggestions you could make?

Thanks!!!
Now I'm living....Just another day in Paradise!!

socrateaser

>1.  Do I have any recourse against my attorney?

Your facts state that you have a custody order, and that your attorney never filed a support order. If all you have is a custody order, then your attorney can't file a support order because there is no support order?

If you're complaining that your attorney should have requested and obtained a support order, well, you may have a case, but you aren't damaged, unless you can show that you would have received more than $275 per month during the period of time that your support order would have been in force.

>2.  I did file a case through CSE, but received a notice from
>them that they were closing the case because it was "Not in
>the best interest of the child"..does this sound right?

The only thing that comes to mind is that a support order would produce less child support than you are already receiving. However, I have never heard of a CSE agency not requesting an order, because they get federal matching funds for every dollar collected. Something is definitely strange. You should ask to speak with a supervisor and have them explain why a support order is not in the child's best interests.

>3.  Any suggestions you could make?

See #2.