I am involved in a family law case where the petitioner(father) and the respondent(mother,((100%)) came to a stipulation back in June 11, however the petitioner did not follow through on the agreement whatsoever, so I had to file an OSC as the respondent, in order to request child support. I have just been made aware that the arrearages are only requiring him to be responsible for the amount based on MY filing date ( his was much earlier). So, it is my understanding that the past motions are disregarded based on the stipulation, and the request to take the hearing off calender. (did I sign something taking my hearing off calender, I dont remember:/) However, our agreement that was never made into an order due to the petitioner not ever signing the papers....I found this out at out at the CMC hearing, from his attorney whom had entered a motion to be relieved as counsel due to a breakdown in relationship. I guess my question is can I ASK the judge for child support based on that original filing date, which dates back much further, and why is the case's past disregarded when the stipulation was not adhered to? In addition to that, I failed to respond in time to the petition to establish a parental relationship because we had a peternity test, I did respond to the OSC, regardless of that, of course, there was a default entered. So, I am in the process of requesting for that to be withdrawn, but in the meantime, why is THAT being considered, when IT also, was a matter PRIOR to MY filing date? Help?? It is support that our family was relying on....thank you
2 Answer from Attorneys
You really must meet with an experienced family law attorney to review your court orders to provide advice on your legal options.