My ex-gf gave birth to my son on March 16,2009. I arrived at the hospital the next day and gave her a check for $100.00 to establish child support. I had petitioned the courts for paternity and custody prior to the birth.
At the first trial for paternity, she denied me as the father. She never cashed the check for child support. She denied me as father in the custody case as well. We were ordered to submit DNA and I came back as the father. The mother withheld the child from me until the results were read to the courts.
At the second trial for paternity on June 11, the results were read to the court and the judge asked if she wanted child support. The answer was absolutely! At this point there was no custody awarded.
We had our first child support hearing in July and the judge ordered temporary support. Mind you, I petitioned her. I was ordered to pay $214.00 per week plus day care costs. I asked for receipts for the day care costs. A week later she texted me that I wouldn't be responsible for day care any longer. At our second child support hearing, her lawyer announced to my lawyer that she had gotten a new, more expensive provider for day care. He was willing to split the difference in the day care and bring me up to an even $300.00 per week. He admitted at this time that she was unable to produce receipts for the day care. The lawyers went into the court room alone with the judge and all hell broke loose. My lawyer comes out telling me that I owe arrears to the tune of over $6,000.00. I asked what the basis for arrears was and he told me you have to take care of your baby and money was just money. I asked about what date the arrears had been calculated from and he said the date of the petition. The date was a month prior to the childs birth because I petitioned the courts in fear she would "flake" on me. When I entered the court room, the judge asked if I understood and accepted the terms. They agreed to allow me to pay the arrears in installments of $50.00 per week until caught up. I told the judge it is what it is and asked her if I could ask a question. Thank God I did. The arrears now begin from the date of birth and were $5,900.00. I also informed her of the spousal maintenance I was paying at $235.00 per week. She then recalculated the figures and I went from paying $350.00 per week to $290.07 per week until arrears were caught up. The arrears were now $3931.60. This includes my portion of child care.
My question is based on the above information, can I have my arrears reversed? The foundation I am laying is that as the petitioner, in good faith I established child support from day 1 (which was never cashed), I was denied as father by the mother until June 11( the date in which child support was first requested), the mother was never asked to furnish evidence that she actually paid day care. At this point I am being threatened by CS collection that my tax returns are going to be taken, my passport denied, and possibly freezing my bank accounts! I have paid on time according to the agreement reached in court. I am paying two women more than what I make every week and have reached the end of the road. Please help! I don't believe I have a good case for appeal because most of this information was not heard by the judge. My lawyer just acted like it was cut and dry.
At the first trial for paternity, she denied me as the father. She never cashed the check for child support. She denied me as father in the custody case as well. We were ordered to submit DNA and I came back as the father. The mother withheld the child from me until the results were read to the courts.
At the second trial for paternity on June 11, the results were read to the court and the judge asked if she wanted child support. The answer was absolutely! At this point there was no custody awarded.
We had our first child support hearing in July and the judge ordered temporary support. Mind you, I petitioned her. I was ordered to pay $214.00 per week plus day care costs. I asked for receipts for the day care costs. A week later she texted me that I wouldn't be responsible for day care any longer. At our second child support hearing, her lawyer announced to my lawyer that she had gotten a new, more expensive provider for day care. He was willing to split the difference in the day care and bring me up to an even $300.00 per week. He admitted at this time that she was unable to produce receipts for the day care. The lawyers went into the court room alone with the judge and all hell broke loose. My lawyer comes out telling me that I owe arrears to the tune of over $6,000.00. I asked what the basis for arrears was and he told me you have to take care of your baby and money was just money. I asked about what date the arrears had been calculated from and he said the date of the petition. The date was a month prior to the childs birth because I petitioned the courts in fear she would "flake" on me. When I entered the court room, the judge asked if I understood and accepted the terms. They agreed to allow me to pay the arrears in installments of $50.00 per week until caught up. I told the judge it is what it is and asked her if I could ask a question. Thank God I did. The arrears now begin from the date of birth and were $5,900.00. I also informed her of the spousal maintenance I was paying at $235.00 per week. She then recalculated the figures and I went from paying $350.00 per week to $290.07 per week until arrears were caught up. The arrears were now $3931.60. This includes my portion of child care.
My question is based on the above information, can I have my arrears reversed? The foundation I am laying is that as the petitioner, in good faith I established child support from day 1 (which was never cashed), I was denied as father by the mother until June 11( the date in which child support was first requested), the mother was never asked to furnish evidence that she actually paid day care. At this point I am being threatened by CS collection that my tax returns are going to be taken, my passport denied, and possibly freezing my bank accounts! I have paid on time according to the agreement reached in court. I am paying two women more than what I make every week and have reached the end of the road. Please help! I don't believe I have a good case for appeal because most of this information was not heard by the judge. My lawyer just acted like it was cut and dry.
