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6 Tips to present your case

By on May 23, 2017 in Law | 0 comments

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6 Major advice to present your case in court

The Judge All we ask is for a reasonable judge. He or she need not be a genius nor versed in economics, just be a reasonable person. We have had good fortune here. Judges know that their job is to listen to arguments of law and fact and they are usually happy to do so – especially interesting ones – so long as they are well presented. What we offer is the presentation of economics based awards, based on sound legal principles and economic evidence. BUT neither you nor we nor your lawyer control the judge. There are no guarantees. We make no guarantees of successes since everything depends upon the judge’s: a) Willingness to hear the arguments and evidence. b) Ability to comprehend them. c) Personal judgment of them. Any court case is in some ways a crap-shoot. Judges vary according to a willingness to deviate from the presumptive award. 2. Your Lawyer Attorneys have not been as willing to argue for rebuttal as judges have been willing to deviate when presented with sound reasons. We expect this to gradually change as more realize that this is a viable, proven course, but

2. Your Lawyer Attorneys have not been as willing to argue for rebuttal as judges have been willing to deviate when presented with sound reasons. We expect this to gradually change as more realize that this is a viable, proven course, but currently, most lawyers seem reluctant to do what they may see as challenging their own establishment. So finding a lawyer is your first challenge. There is a simple qualifier: Ask the candidate lawyer if they are willing to rebut the guidelines themselves, not just go along with guideline awards. Ask them to visit this website and comment on it. We recommend you contact local support groups who may be able to refer you to lawyers who will do this kind of work. 3. Pro se We recommend against acting as your own attorney. After a reasonable judge, the only other requirement is

3. Pro se We recommend against acting as your own attorney. After a reasonable judge, the only other requirement is a proper presentation. This will not be the usual child support hearing so an, however, reasonable judge will be understandably annoyed. A non-lawyer is basically asking the judge to do their job for them in dealing with opponent objections and other formalities. Not only is that not their job, it tempts violation of what is I job which is why it puts judges on edge. There are good reasons for court formalities. They protect all parties, including the judge, and you are asking a lot from him/her as it is. However, we understand that many non-custodial parents have limited financial resources, especially those already paying child support under current guidelines. This site provides information that will help though they are intended for lawyers and financial experts. If you must represent yourself use the American Pro Se Association and seek assistance from your own county’s court or from the court of a large county in your state. For other resources, enter “pro se” in an internet search engine. Still, before doing without either lawyer or expert witness, consider how much money is at stake. If it means the difference in saving large amounts over the next 18 years, maybe you can afford to do it right the first time. On the other hand, if you get a lawyer be fully confident in him or her. Any doubts and get another without hesitation. Too much is at stake. 4. If you already have an order Most states declare a statutory limit of 2 or 3 years after one child support ruling before you can request another. But in all cases, a material change in circumstances should allow you to ask for an immediate hearing instead of waiting 2 or 3 years. (Many court documents only mention the time limit, but irrespective of what they say, you can always file for a hearing if there is a material change, even if your last hearing was yesterday.) What constitutes

4. If you already have an order Most states declare a statutory limit of 2 or 3 years after one child support ruling before you can request another. But in all cases, a material change in circumstances should allow you to ask for an immediate hearing instead of waiting 2 or 3 years. (Many court documents only mention the time limit, but irrespective of what they say, you can always file for a hearing if there is a material change, even if your last hearing was yesterday.) What constitutes a material change? Ask your lawyer to be sure, but losing a job (any “substantial” change in income of any sort, and ask a lawyer for what “substantial” means in your jurisdiction) always counts, as does any substantial change in costs.

5. If your income is reduced Immediately file a written petition for modification. The Bradley Amendment to the Social Security Act prohibits any court from any modification of arrearage. Ever, for any reason. Anything unpaid piles up and there will be nothing any judge can do. (Some states are offering some relief for some special cases, but these are rare.) In some states, a court can assign the new award to start from the day of the filing, but not before. In other states, a new award may not start until the hearing and ruling are finished. Either way it is important to file as soon as possible. Child support arrears also cannot be discharged by bankruptcy. They will accumulate until child support is modified for the obligor to afford both current support and arrearage payments. Courts do put people in jail for being unable to pay. However, inability to pay is not considered an excuse. You must get the order modified and, to avoid further arrears, must do so immediately upon any reduction of income. 6. Any hearing is for everything Check with your lawyer, but it is almost always true that, once the award is opened (a hearing scheduled) – by whichever party, for whatever reason – the entire child support amount can be reset. All aspects of your child support case can be re-assessed. (This is one reason courts are reluctant to hear cases often. There needs to be a real circumstantial change to warrant this broad task.)

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