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Going to court for child support on Jan 2nd. She says she was never served the second part of the papers!!??

misschristina95's picture

Hello all,
We have been waiting to go back to court for a while now to get child support from my husbands exwife. The two kids live with us, and only sees her part time... before we served the papers she would see the kids for four hours a day two days a week. Then we served her papers for child support and suddenly they are allowed to spend the night at her house and now she wants to see them four days a week.
That's not the problem. The problem is, she told us about a month ago she had to pay the court to deny she pay child support. She now today, Jan 24th, says she never recieved the second part of the child support papers.

Does that mean she is not going to show up?

What happens if she doesn't show up?

Doesn't she have to give us the papers, as we gave her the papers, on her finances?

How do I serve her papers that we do not have? Isn't the court suppose to send her the papers? When we got our papers we told her about it, and it had her old address on it, so I suppose that is why she never recieved them.... so now what??? Is it our responsibility to serve them to her?

We gave her our financial papers a long time ago. She is trying to hide a second job from the judge, I suspect... since she told the kids not to tell us, but it accidently slipped out.

How do I prove that she has a second job?

What papers should I bring to court to prove that she has not paid for clothes, toothbrushes, conditioner... nothing for the past three years?? Do I have to prove it? How?

Can I ask the manager at her work to write out a letter for me stating that the schedule comes out two weeks in advance? Since she always says she never knows until the day before when she is going to have the kids?? Is that legal?

Can I ask that she pay back the 30% of medical bills that she was suppose to for the past year (really the past three years, but I think thats pushing it)??

Someone please help with all these questions!!
This is our second time to court with her, but this is the first time I am legally his new wife (Even though we have been together for four years), so I think I may be able to talk this time?

Please help!

Jsmom's picture

You need to hire a lawyer. After going back to court last week against our BM. It was very apparent that since we had a good lawyer, she ended up getting nothing from us. Our lawyer was a barracuda compared to one she had. She ended up spending 10K and we only spent 5K and she was sure she would get CS because her lawyer said she was entitled. Wrong. Our lawyer pointed it out and she walked away with nothing....

Get an attorney if you can at all afford it. Worth every penny. Just know that every conversation/email that you have with them adds to your fees.

purpledaisies's picture

I agree about a lawyer. Dh had a great lawyer and he got everything he wanted. He only paid about 1k and she paid over 5k and she got smashed in court. But it didn't help her any that she said she had pic evidence of us ding things in front of the kids but of course couldn't produce them. DUH!
You need to get a lawyer and ask all these to him/her.

misschristina95's picture

Thanks for all your help. She says she is going to give us the financial paperwork today. So we will see if that happens.
She calls my husband yesterday yelling at him because we locked the doors at our house and the kids couldn't get in to get their stuff. Its so funny how we are not allowed to lock the doors to our own house when she is suppose to have the kids!! And she was also yelling that we have to serve her the papers. My husband is so nice and calm, and I was fuming so I yelled at her to just not show up. I could hear her yelling through the phone!! UGH.

I do not think we will get a lawyer- we cannot really afford one. I hate how she can manipulate everything and especially the kids. The youngest keeps asking me why we are taking her to court, that we are not going to win, and tells me he doesn't think its fair because his mom does not have any money. I asked him if he thought it was fair that his mom was asking him to lie for her about her second job. I hate that I have to have these kinds of conversations with him. Why does she involve him like that!!! GRR.

Thanks again. Smile

Still Standing Strong n Spfld's picture

I have skimmed through your story best as I can. we went to court and won 04-10. BM pays cs and both boys live with us. Yes, I believe you will finally have a "say" in court due to your getting married (congrats btw!) you honestly seem to be on the right path, and there will surely only be so many times any judge will listen and except the bm's duh factor with acting as though she has no idea what is going on. We actually went into debt after hiring a lawyer 2yrs ago, after that, we found help from the legal aide office. He was wonderful! we had to fill out paperwork in order to get our filing fees waved and be excepted by Lincoln Land Legal Aide,but in the long run, we did it and it was so worth it. I believe you just need an active case and so far you do Good luck