order of dismissal case can i appeal

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sbau

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i just got a letter out of the mail for order of dismissal of my child support case. It states that i the plaintiff failed to appear and prosecute the petition/motion and that i had not cooperated in the prosecution of the case. the defendant was behind about $8000 when our daughter turned 18. i called the DAs office and was told that defendant still had to pay behind arrears. a court date was set for the month of september 2013,defendant went,i plaintiff did not go due to that i live in a city a few hundred miles away. but years ago i was told by the DAs office that it wasn't necessary for me to show up since i was getting help from the state (food stamps/tenncare) that the state would speak on my behalf. the dismissal order i received states that a court date was set for november 25th which i knew nothing about. the only thing i received out of the mail was the september court date and a letter where they finally found out where he worked and would be taking payments out of his check. i am highly upset because my daughter will be starting college in january 2014 for ,she will need all the financial help she can get and i think he should he made to pay her what he refused to pay,which is her past arrears. please help frustrated mother.
 
The chances of you getting the $8000 before your daughter starts college are extremely low.

Unfortunately, now that his obligation is over, the state isn't going to chase him as much as if he was not paying a continuing obligation.

Whatever you may have been told "years ago" , this time you were required to attend. The state will only take over as far as what's owed to the state, not what is owed directly to you. In other words they'll fight for their piece of the pie, but not yours. That's something you have to do yourself.
 
He owes you, not her. If he paid you, you could in turn give it all to her. But, that won't happen in one fell swoop by January of 2018, certainy not 2014.

All you can do is continue to pursue collecting activity. But, it won't be in one lump sum.

I suggest you and sissy discuss community college. It's much more affordable, she can live with you, and you can work on collecting the loot owed you.
 
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order of dismissal case

Proserpina said:
The chances of you getting the $8000 before your daughter starts college are extremely low.

Unfortunately, now that his obligation is over, the state isn't going to chase him as much as if he was not paying a continuing obligation.

Whatever you may have been told "years ago" , this time you were required to attend. The state will only take over as far as what's owed to the state, not what is owed directly to you. In other words they'll fight for their piece of the pie, but not yours. That's something you have to do yourself.
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its not that i am trying to get her money in a lump sum thats not it. my frustration is that this court date they saying i missed i knew nothing about. its not like a procress server comes and knocks on my door and serves me papers. i would receive information by mail. i live in a apartment complex and alot of times mail gets put in the wrong box,sometimes a person may bring the mail to you,other times not. mind you i was near the area on november 23rd for my daughter orientation for school,if i had of known i had to be at a court date november 25th concerning my daughters child support i would have been there but i never received anything concerning a court date,that is my issue with this whole thing.
 
You can try informing the court that you were not informed of the court date & see what they say. I don't know what else to tell you.
 
sbau said:
its not that i am trying to get her money in a lump sum thats not it. my frustration is that this court date they saying i missed i knew nothing about. its not like a procress server comes and knocks on my door and serves me papers. i would receive information by mail. i live in a apartment complex and alot of times mail gets put in the wrong box,sometimes a person may bring the mail to you,other times not. mind you i was near the area on november 23rd for my daughter orientation for school,if i had of known i had to be at a court date november 25th concerning my daughters child support i would have been there but i never received anything concerning a court date,that is my issue with this whole thing.
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Write the court and the opposing attorney a letter explaining your position.

Ask if its possible for the matter to be rescheduled and for you to be heard.

It's a long shot, but it's all you've got.

It sometimes does happen.

Send the letter certified, registered, or via FedEx or UPS, so you get a signed delivery receipt.

Wait for a response, and be sure to send a GOOD return address.

It's not their fault because your mail delivery system is faulty by your own admission.
 
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