LegalMatch Free Legal Advice Forums

LegalMatch Free Legal Advice Forums (
-   Child Custody and Support (
-   -   A few issues to solve (

Big Bird 02-15-2015 12:07 PM

A few issues to solve
I went through my divorce in 2004. My wife and I agreed to an uncontested divorce and waived our rights to judicial review on custody. Our son lived with me and my wife went to start a new life with her boyfriend she was seeing behind my back which caused our divorce in the first place.

Everything was fine until my ex wife started collecting welfare and claimed our son was living with her to get more money. The state then opened a child support case against me to reimburse themselves for the money they gave to my ex wife.

Fortunately, her boyfriend was sent back to prison on a parole violation for beating up my ex wife and putting her in the hospital. So after she recovered from the beating, she found someone new to support her since her boyfriend was back in prison. She got remarried and got off welfare so the state closed their case against me.

Fast forward to now. My ex wife started feeling guilty about abandoning her son and decided to let him come live with her and her new husband. She then decided she wanted to receive child support from me but rather than asking she went in to the office and somehow got them to reopen the welfare case and make her the beneficiary with 5 years of arrears and interest totaling around $40,000

The thing is our son was living with me during those 5 years and the welfare was fraud to begin with because he wasn't living with her in the first place. Nonetheless, they've been garnishing my wages ever since which was about 2 years ago.

Last November, our son couldn't handle living with her anymore and moved back in with me. He's 17 now. I asked my ex to close the case and she said she would but then decided not to.

My issues are I need to get a custody order since my son lives with me. I also need to get the fraudulent arrears dismissed since they're accruing interest faster than I can pay them off. I also would like to get a change of venue since my son and I both live in a different county.

I've looked at the forms and it looks like I can petition for equitable forgiveness. However, how do I prove he lived with me?

Secondly, I can't seem to find any forms for a change of venue so I don't know what to do there.

And lastly, is there a way I can petition for custody without having to go through the mediation process? There is no way my son wants to spend any more time with his mother and refuses to go back to her house because her new husband has threatened him several times.

I tried establishing custody 8 years ago in this case because of issues that were coming up with my ex, but she never showed up for the mediation or the hearing and the judge would not issue any orders without her there and told me to start over again. At that point I just gave up till now because it's gotten out of hand.

Any advice would be appreciated. BTW, due to the support garnishment, I have no money at all for a lawyer and can barely afford to pay the filing fees.

Thanks in advance

rhinojd 02-18-2015 05:20 PM

You can prove your son lived with you by testifying and signing declarations. I am not 100% clear on whether any modification of custody was filed or not.

So if there was some sort of order in this situation ever that is valid, but if it was not followed you can seek an equitable adjustment.

As for change of venue you need to clarify why a change of venue is necessary. There are forms available, but these are all state by state.

I think this is a situation that can be easily resolved with an attorney. Here is a brief article explaining how to modify custody and back child support.

Good luck and sorry about the situation.

Big Bird 02-18-2015 05:44 PM

According to the court clerk I can just check the other box and write in change of venue on the Request for Order form.

I would love to hire a lawyer, but at $400 an hour when I only make $28/hour and take home $14, it's just not an option.

I took a couple of days off to work on the forms. I'm planning on filing them tomorrow. Hopefully it will all get worked out.

rhinojd 02-18-2015 10:59 PM

Very few lawyers will charge $400 an hour. You can post your case on LegalMatch and have attorneys bid for your services. If you are in California there is also the ACCESS system, which has court lawyers that will help you fill out paperwork etc to resolve issues.

You can also fill it out yourself, but often that leads to more trouble. At the end of the day anyone can do any job. You could learn to be a mechanic, a computer repair man, plumber, etc, but instead of redoing the pipes to your house hire a plumber. This is an important piece of your life and spending a few hundred dollars on a lawyer to resolve it might be worthwhile.

Again, I do not want to discourage you from filling out the paperwork yourself it can certainly be done, but there is less certainty when you are doing it yourself.

Good luck in this process.

All times are GMT -7. The time now is 02:50 AM.

Powered by vBulletin® Version 3.8.6
Copyright ©2000 - 2018, Jelsoft Enterprises Ltd.
SEO by vBSEO 3.1.0
Copyright ©1999-2008 LegalMatch. All rights reserved. LegalMatch®, the LegalMatch
logo, and the tradedress are trademarks of LegalMatch. Patents Pending.