Messages

Socrateaser,

I was able to contact the party who paid my bills during the period 1993-1995. Unfortunately, he does not have documentation he can provide, but he is willing to agree to say he paid the child support during that timeframe.

1) What exactly is a "sworn affidavit" and how to I obtain one from this person to take with me to the preliminary hearing?


Also, I received an e-mail from the custodial parent claiming she plans to bring up at the hearing that
"I WOULD LIKE TO BRING UP THE FACT THAT YOU WERE COURT ORDERED TO COVER HER WITH INSURANCE IN THE AMMENDED DIVORCE DECREE, WHICH YOU NEVER DID.  I AM SEEKING HALF OFF ALL DENTAL AND MEDICAL EXPENSES AS WELL AS CHILD SUPPORT ARREARS."

This just isn't true. The child (now 19 years old) has been covered under insurance for most of the period from 1990 until present. The only period when there was no insurance coverage was from March 2002 until Oct 2005. I worked as a contractor and did not have any insurance for myself, my current wife and three children nor my child from this marriage. Also, I was unemployed for 6 months in 2004.

2) Will she be able to make this argument to the judge? Should I take with me to the preliminary hearing some proof of insurance coverage (just in case)?

Dear Socrateaser,

My apologies, but I have one more question.

8) From 1993 to 1995, I had a financial advisor handling my affairs - including paying all my bills. He sent the Child Support payments to the custodial parent during this time. I doubt he still has the detailed records (although I will try to contact him), but could I get a letter (notarized or something) from him saying it was paid - and would that be admissable in court? Would it make any difference if I asked him to join me in court at the hearing?

Dear Socrateaser,

Thanks for the responses. For some additional follow-up.

6) Can I request (subpeona) the custodial parent's bank records?
As outlined in my #3, I only have bank statements as proof of payment from 1990 - 1995. If I'm able to obtain a copy of the custodial parent's bank statements showing matching deposits, seems that would make it clear the payments were received.

7) Would I be able to request her bank statements if I have her social security number (and possibly banking account info) - even though I wasn't on the account? Are there ways to obtain that info? And would it be admissable to court?

Thanks.
DavLizM

Dear Socrateaser,

Please provide direction on how to handle my Child Support arrears-only case.

Facts
~~~
*State of Jurisdiction: Tennessee
*County: Shelby
*final decree of divorce - Circuit Court dated Oct. 1990
*consent to modify final decree of divorce - Circuit Court dated Oct. 1995
*petition to set support - court date set for June 2006 in Memphis, TN
*Juvenile Court is attempting to assume jurisdiction (currently in Circuit Court) on behalf of the custodial parent
*arrears-only case - child is over 18 and graduated from high school
*amount claimed to be past due - $28,000
*amount my records indicate past due - $10,500
*child support payments paid directly to custodial parent from Oct. 1990 through Dec. 1995
*child support payments paid directly to Circuit Court from Jan. 1996 through Dec. 2005
*child support payments paid directly to State of TN, Dept. of Human Services from Jan. 2006 to present
*I currently reside in Colorado.

*letter to appear in court to set support (in June 2006) says:
"Please be present and on time for this hearing. Failure to appear may result in a default judgment. Please be prepared to present to the court proof of income by providing your 2005 W-2 and a recent paystub. Also you may bring any other proof that you wish the court to review for credit."

*Since I reside in Colorado, I asked for a teleconference and was told by the Juvenile Court attorney (representing the custodial parent) that it was not an option - that I have to appear in court.

Questions
~~~~~~
1) I do not currently have a lawyer to represent me. If I hire one, can he represent me in court - in my place? Or do I have to appear regardless?

2) I do not have money to hire a lawyer. I checked with two in Tennessee who specialize in child support cases and they charge $180/hour and a retainer of somewhere around $2,500+. Also, I don't qualify as low-income. Are there other options to get a lawyer to represent me?

3) From 1996 to the present, when making CS payments to Circuit Court and State of TN, there is a very good record of those amounts. From 1990 through 1995, I paid the custodial parent directly. Unfortunately, I do not have cancelled checks to show payment. I have copies of all my bank statements showing the exact amount of the CS payment (with some months not showing a payment). Will the courts admit these bank statements as proof of valid payments? Or will I be forced to pay for those months since I don't have cancelled checks?

4) A friend from Tennessee went to court for back child support in 1996. She said in the original paperwork to file the case, she had to list arrears and sign an affidavit of the amount. Should an affidavit be in my docket from the consent to modify final decree of divorce in Oct. 1995? If so, can I obtain a copy of that without hiring a lawyer to request it?

5) There were at least two times when I paid the custodial parent with cash. I have no record of that. Can I ask the court to question her under oath about that?


Thank you in advance for your responses.

Dear Socrateaser,

My wife suggested reaching out to you for legal advice. If you can respond to questions regarding a summons for credit card debt, please read on. If this is not your area of expertise, please delete this post.

For starters, I am currently disputing a arrears-only child support case. Juvenile Court (in another state) claims over $28,000 is owed - my records indicate a little over $10,000.

With that looming, I also have to deal with the following:

facts --
a) reside in Colorado
b) plaintiff: Capital One Bank
c) original balance - $500.00  (as of 01/01/2005)
d) amount claimed - $835.35*
    *this includes interest, costs, attorney fees
e) account shows as a bad debt write-off on credit report
f) received summons to appear in county court on 05/18/2006
g) received an answer form - used if we do not agree with complaint
h) I was unemployed and unable to pay on this debt until early in 2006, but with all the interest and late fees - a friend suggested ignoring the collection agency and they would write it off.

questions --
1) What can the courts do with this case?
2) If I fail to answer or appear on the court date, the summons suggests "the court may enter a default judgment for the relief requested". Does that mean the full $835.35?
3) Is this a tactic used by collection agencies to force payment?
4) The amount they claim I owe is already ridiculously high with the interest and late fees added - will they also be able to add further legal costs to the balance?
5) Do the courts have other avenues to force payment (i.e. garnishment of paycheck, etc.)?
6) Should I appear in court to dispute this amount?
7) Should I contact the lawyer and try to make arrangements?
8) Should I ignore this as I have ignored the collection agency calls?

Thanks for any advice you can provide.