sevengrain
New Member
I have to appear in court on Friday and I am very afraid that I will be blindsided by the process. I have specific questions about child support :
Some background:
My husband moved out of my apartment in March this year, after he told me that he had been having anonymous unprotected sex with people he met online for the past several years of our marriage. I also found out that as a teenager, he molested his 5-year old sister, and he has told me that he "couldn't help himself" while engaging in his addictive and dangerous sexual behavior. I had to protect myself, so I asked him to leave, which he did.
We have a 1-year old son who has only lived with me. There is a pending divorce action in supreme court. We have appeared once and were appointed three sessions with a court mediator to discuss custody issues. I felt these sessions were ineffective. We did not discuss support in these sessions.
Right now, here's where we stand in terms of support:
He is only paying pittance for child support since August, and only gives me a $95 check weekly (which is %17 of his weekly pay), with no contribution to child care which is $600/week (it's Manhattan, and there are no cheaper/better alternatives). We are both students, making the same stipend amount (about 30k each). I have taken out enormous student loans just to make sure that I still have child care and can stay in medical school.
At the last court appearance, the judge told my husband's lawyer that my husband "better start paying child support". I suppose he feels that the 17% of his weekly pay is enough. He told me he does not owe me anything and will not pay for childcare, because he would rather have custody of my son and put him in child care near him, which is an hour away from where I live. He is trying to use financial pressure to get me to fire the nanny or to give my son to him.
What is my lawyer's best strategy for getting these points across to the judge and walking out of court on Friday with an enforceable order of support?
My lawyer seems nonchalant and says that I probably will not be able to walk out with an order. Last time, I didn't even see the judge and only counsel were taken into the judge's chamber. I need to make sure that he will fight for me, and I'd like to give him a script for talking to the judge.
What is the best instruction I can give to my lawyer? I need him to be aggressive and fight, and I can't change lawyers at this point. I don't have the money.
Is it wise to file for a temporary order of support, which I understand must be ruled upon that day? Is this correct? Can I do this with only two days left?
My lawyer says that it is not important to go to court this Friday with receipts and documents in hand to show that I have been the only provider of diapers, food, health insurance, etc. for my son since he was born. Everyone else says to be prepared with this information, even though it is not a trial. What should I do? Can my lawyer say, "we have evidence here that shows my client's sole financial contribution to the care of the child?" Is this appropriate and can I have him say that?
I go to court on this coming Friday, and I am worried that my lawyer has not played this right. Please help!
Thanks!
Some background:
My husband moved out of my apartment in March this year, after he told me that he had been having anonymous unprotected sex with people he met online for the past several years of our marriage. I also found out that as a teenager, he molested his 5-year old sister, and he has told me that he "couldn't help himself" while engaging in his addictive and dangerous sexual behavior. I had to protect myself, so I asked him to leave, which he did.
We have a 1-year old son who has only lived with me. There is a pending divorce action in supreme court. We have appeared once and were appointed three sessions with a court mediator to discuss custody issues. I felt these sessions were ineffective. We did not discuss support in these sessions.
Right now, here's where we stand in terms of support:
He is only paying pittance for child support since August, and only gives me a $95 check weekly (which is %17 of his weekly pay), with no contribution to child care which is $600/week (it's Manhattan, and there are no cheaper/better alternatives). We are both students, making the same stipend amount (about 30k each). I have taken out enormous student loans just to make sure that I still have child care and can stay in medical school.
At the last court appearance, the judge told my husband's lawyer that my husband "better start paying child support". I suppose he feels that the 17% of his weekly pay is enough. He told me he does not owe me anything and will not pay for childcare, because he would rather have custody of my son and put him in child care near him, which is an hour away from where I live. He is trying to use financial pressure to get me to fire the nanny or to give my son to him.
What is my lawyer's best strategy for getting these points across to the judge and walking out of court on Friday with an enforceable order of support?
My lawyer seems nonchalant and says that I probably will not be able to walk out with an order. Last time, I didn't even see the judge and only counsel were taken into the judge's chamber. I need to make sure that he will fight for me, and I'd like to give him a script for talking to the judge.
What is the best instruction I can give to my lawyer? I need him to be aggressive and fight, and I can't change lawyers at this point. I don't have the money.
Is it wise to file for a temporary order of support, which I understand must be ruled upon that day? Is this correct? Can I do this with only two days left?
My lawyer says that it is not important to go to court this Friday with receipts and documents in hand to show that I have been the only provider of diapers, food, health insurance, etc. for my son since he was born. Everyone else says to be prepared with this information, even though it is not a trial. What should I do? Can my lawyer say, "we have evidence here that shows my client's sole financial contribution to the care of the child?" Is this appropriate and can I have him say that?
I go to court on this coming Friday, and I am worried that my lawyer has not played this right. Please help!
Thanks!