Recently went to a scheduling hearing on custody. Wife's lawyer requested emergency child support hearing which was granted. I had no lawyer. By the time it was all over they hit me with $2700/month in child support for 3 children. After calculating my bills I cannot afford to pay my rent or car note, I'm now negative. I make 6 figures and the magistrate approved "above guidelines" child support. And stated "it wasn't too far above guidelines". I filed bankruptcy just to ensure I could pay her the support I was paying before the order.
Can this be fought? I was paying her child support before this order. A little less than half of what they hit me for. I'm fine with paying support but WTF? $2700/month? The calculation sheet was from HER attorney. But the magistrate reviewed it it. Does my reasonable living expenses not count?
What did your lawyer do when the scheduling conference turned into an "emergency hearing"? What you described is out of the ordinary to say the least. If within 10 days of the Magistrate's findings you can file Exceptions, which is an appeal. There are other options, but more info is needed.
Please be advised that this response does not constitute "legal advice," nor does it create an attorney-client relationship. You should seek counsel of an attorney before taking any actions or deciding not to take any actions.
You make six figures and failed to hire a lawyer? I don't know if it is too late but I will guess that there are other issues which you will lose also if you don't hire someone pronto.
This is not to be considered legal advise and no attorney client has been established.
It is possible to fight this. First by filing exceptions within 10 days from the recommendation of the magistrate being provided to you and/or at the final merits hearing in this matter.
The content provided herein is for general information purposes only. This information contained within is not legal advice, nor is it intended to be. This information does not create an attorney-client relationship. You should not act upon information contained on this site without first seeking advice from an attorney.
Whether or not the child support is correctly calculated or not can be reviewed by an attorney. If a mistake was made, then you can file for Exceptions within ten days. You can benefit from the wise advice of an experienced attorney. You can continue without an attorney, but you may well find that every penny saved by not hiring an attorney will cost you much more in problems and legal advantages lost.
This is NOT legal advice, is GENERAL INFORMATION ONLY, and does NOT establish an Attorney/Client Relationship with you. You have not provided me with all the facts in a consultation, therefore my answer cannot address your specific legal situation and you should not rely upon my answer in your legal matter. I am an attorney licensed in Maryland and California.
If you file exceptions within 10 days, you can have a judge review the magistrate's finding. The issue may be that you did not provide sufficient evidence to the court to show that the child support guidelines were either incorrectly calculate or a deviation of the guideline is appropriate. Hindsight being 20/20, you would have saved more money had you retained an attorney. Don't make the same mistake again by proceeding without an attorney. Time is of the essence!
Answers to questions are not legal advice but information for general use only and do not form an attorney-client relationship.
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