Do you need a lawyer to go through the process of getting CS?

ChunkyMunkey

Right now my STBXH is in jail and the divorce should be going through soon as he does not have a lawyer and I am filing a motion for default. CS is currently suspended due to the fact I wouldn't get any anyways. This lawyer is ONLY handling the divorce and none of the other aspects. Once the divorce is finalized he will not be around to help with the CS part of it unless he gets another retainer. It will also be a few months until STBXH even has a job and I don't want to hold out on the divorce any longer.

Do I need a lawyer to file for CS? STBXH's friend said he intends to give me money as soon as he gets a job but I don't think it will be much if he even gives me any at all. I don't want to have to hire another lawyer as this one has run me dry and I can barely manage to pay my own bills. Paying for another lawyer is just going to take away money that I could use to support my son and prepare for my second child.

I plan on filing for legal aid but I might make too much in the court's eyes to get it. Is this something that people can handle on their own?

DaringMiss

Why is child support suspended while your STBex is in jail?  It should still be accruing even if he isn't working.  Do you have a preliminary court order of child support? 

Also, this is a question you should ask your divorce attorney.  He will know how your local court system handles child support cases.

I am a little surprised that your attorney isn't including child support/custody agreement as part of the divorce.  I would think it was all part of the same process.

I would google your court house.  Most courts have a website with directions about child support.  You may even be able to download the forms from the site.  If not, go down to the courthouse and look for the Family Law section.  Chances are they have packets with the required paperwork and directions ready to hand you.  A clerk may be able to tell you the basic steps.

sweetie0228

I didn't need a lawyer for CS.

Google Child Support and your state and it will take you to their website and it will probably have the forms online for you to fill out and send back. 

CFjo2010

It's my understanding that every State has a Child Support agency that will start a case for you and handle the entire process from serving the father through enforcement and collection of payments. Their services are free, so look into it.

ChunkyMunkey

Fabulous. I'll look into it right away. Thank you.

And I am also assuming my lawyer just didn't want more work to do by doing a bunch of CS stuff. He hasn't been the most attentive lawyer.

FyreFlyeRush

In TX, they pretty much tell you it's your right to have a lawyer, but it isn't your interests the case is about. It's the interest of the child, and the court is acting as the advocate for the child. They may or may not talk to you about what you want. They pretty much have it all written up before you ever get there.