Need help with a rehearing please.

[MoonDancer]

Dear Soc,

Hello!  I am the wife of a man who has just gotten really hurt by the system.  To start with, we live in Mississippi and the case is in Jefferson County, Tennessee.  

My husband received notification to take a paternity case in February from someone he had a casual relationship with in 1986.  He took the paternity test on this child he didn't know if it was his or not in March and we received the results in late March saying he is 99.999999% the father of this 17 year old girl (the child will turn 18 Nov. 24, 2004).

He was served with papers to appear in court a few weeks ago and was told to bring proof of income for the past 2 years.  I got everything together for him, along with his SS wage info sheet, divorce papers showing his responsibility to other children and birth certificates for our children.

We spoke with CSE in TN and the worker told us that the mother was wanting 17 yr 9 mth back CS along with grievence.  She explained that it had went to the DA.  

DH did admit to a sexual relationship with this woman.  He said that she called him one time 5 or 6 months after the last time he slept with her.  That is when she told him she was pregnant.  DH asked how far a long she was and she refused to tell him.  He told her that he would be happy to take care of the child if DNA tests showed him to be the father, but he would not marry her.  He never heard from her again.

Until he was served with paternity papers 17 years later.  

We went to court Sept. 14 this past Tues. and DH was ordered to pay CS retroactive 17 years and 9 months and to pay CS of $352/mth until May when the girl graduates.  The arrears were assesed at $75,000 to be paid at $200/mth and when CS stops all will go on the arrears for 10 years.  We are trying to file for a rehearing and then probably an appeal.

We do not have  a lot of money and we have 3 children in our home he is legally responsible for, also I have a stepson he has 50% of the time and pays $200/mth in CS for disparity in income.  We cannot afford this and are looking at our options.  Filing bankruptcy is high on our list right now.  We cannot afford an attorney either so we are doing this pro se.

1)  Can you tell me where to start to file an appeal?

2)  The rehearing seems to be our quickest way to go at first, and we only have 5 days to get this back to them.  What do I need to say in the letter besides that we want a rehearing?

Thank you.

[socrateaser]

>1)  Can you tell me where to start to file an appeal?

The first thing you must do is file a notice of appeal with the trial court that heard your case -- generally, this must take place within 30 days of the date of entry of the final judgment/order that you are appealing.

>
>2)  The rehearing seems to be our quickest way to go at first,
>and we only have 5 days to get this back to them.  What do I
>need to say in the letter besides that we want a rehearing?

You need grounds, generally, new evidence not available at the time of the original hearing, or some new legal argument that supports your position.

I have no idea what grounds that you could offer -- based on the facts you've posted, I don't see that you have any grounds -- although there may be a "Laches" defense available in TN -- you'd have to speak with a TN , well, er, um, you know, an ATTORNEY!!!!

Frankly, your comment that you are looking at a $75,000 judgment and you can't afford an attorney, ranks as one of the most astonishingly ignorant statements that I've ever read on this board.

After reading through your facts, I can tell you that you have already made some pretty spectacular and unrecoverable blunders, that, had you retained legal counsel, you may have avoided.

I don't really know if you have a case now. I very much suspect that you are completely screwed.

Bankruptcy, by the way, is NOT an option, because a judgment for child support is not discharable in bankruptcy court.

As people go, you have needed an attorney more than almost anyone who has ever posted here.

Oh well -- live and learn.