first court date

inthelost

DHR contacted me and I have a court date on March 14th. I know they contacted BD too b/c I got messages calling me all kinds of *colorful* names...anyway...what should I expect at the first meeting? are there any documents I should have with me? Will he be there at court too? I'm just kind of wondering what to expect, for the ones who have gone through this before.

tig594

In, Michigan, we flew right past mediation and went straight before the judge (10 months after I filed).  Probably because we both have attorneys but I don't know for sure.  Have your ducks in a row.  During our time before the judge they put a child support order in place and gave me sole physical and legal custody of DD. They never even brought custody up in court, I found out when I got the paperwork in the mail but BD also showed up in his pretty orange jumpsuit.  Therefore, visitation is reserved until a later date, like when he gets out of jail and takes me back to court.  Hopefully we can work something out before then but the asst. prosecutor needs to crawl out of my ass first. 

I don't know what your background is with your BD, but if there has been abuse of any kind or neglect bring proof.  Also try to make sure you have something, or Friend of the Court or whoever it is in your state has something, proving his income for the past year or so.  I got burned on this because they only went on one past job BD had where he made 9 bucks an hour and his last job he was making $14.  They never checked and my attorney was a douchebag and didn't do his homework or bring it up. 

Hope this helps!  Good luck!

blueyedsweety28

the first court date I ever had was in front of a court commissioner. a temporary placement order was given and child support was ordered (however, never paid, even to this day) .. and that was it .. after that we were ordered to go through mediation which failed since it's his way or no way .. next step was assigning a guardian ad litem which failed due to his non-payment .. and here we are .. 

Gamera3000

Question: how long can someone be delinquent with CS before a warrant goes out for them? Or does it come out of their paycheck automatically like back taxes? I mean you can't just not pay it right?

MinnesotaMomma91

I think there is a series of things that happen prewarant. I think they give you the option of automaticaly taking it oit of check, suspension of lisence, loosing lisence, being taken out of the check, then warrant. But i could be wrong

tig594

In Michigan it's not an option.  Once the state gets involved and a support order is in place they will stalk you like no one's business.  Every time I enter the new hires in our system our payroll company reports them to the state.  Within a week we start getting the support orders.  Also, it depends on the judge.  The last judge I watched was a little more lenient and only tossed one guy in jail that day for being in arrears but warned the rest very sternly.  The old judge before her tossed everyone in the can the day I was there except one guy.  Also, if someone is in arrears and files their taxes guess what happens?!!?!  Bye bye, tax refund!

Gamera3000

I wonder what happens in VA. I've googled it before without finding clear answers but I'm sure I just need to look harder.

MinnesotaMomma91

Check and see if there is a legal aid number you can call and ask

Gamera3000

Good idea. I will!

tig594

We have a new online thing in Michigan where you can log in and check the balance owed, if there is a bench warrant out for BD, etc.  It's kind of cool.