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Testifying

Started by gw, Feb 18, 2005, 12:56:01 PM

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gw

Soc, I am the one who recently asked about termination of child support for an 18 year old.  

Part of your advice to me was that I should get my daughter to testify that she wasn't receiving any cs from the other parent and that she was living on her own.

My daughter refuses to testify or even write a letter.  I think she is concerned about the other parent's retaliation.

I don't think I'd get very far just saying my daughter said she hasn't received any money.  

I suppose it would be unreasonable for me to ask the Court to call my daughter as to the facts her wishes?
 
Any suggestions?

Thanks.

socrateaser

>I suppose it would be unreasonable for me to ask the Court to
>call my daughter as to the facts her wishes?

The court doesn't call witnesses. The parties do (i.e., you). If you bring your daughter in on a subpoena and force her to testify under oath, then you risk that she will lie on the stand, and you will lose, unless you have some documentary evidence proving that your daughter is lying, in which case, you don't need your daughter's testimony.

Frankly, if your daughter will not tell the truth of the situation, you are sunk. More to the point, if it were my daughter and she was not willing to tell the truth, then she wouldn't be my daughter anymore.

That last bit is a rare display of my personal value system. I don't expect you to adopt it as your own. Every set of facts is different and calls for different resolutions.

gw

The only documentary evidence I have is a letter from her original school stating she withdrew five days after her 18th birthday and a letter from the new school stating she attends school there and that her physical address is in another town which is 34 miles from the CP's residence.  

You know, what really amazes me in all this, is that the County could care less if my daughter is receiving any of the support.

The shining light in all this is that I only have four months left to pay support.  

For what it's worth, I agree with your value system.

Thanks again.