Child Support Question

[Kip]

Okay, I have a question for the lawyers out there. Well up until March 12, 2010 me she was living with me as I payed for most of everything. She claims she did everything, because I used to work 12 hour shifts, but im a cab driver so I was in and out of the house all the time, so Im there with her changing diapers and feeding her, but our daughter was breastfed so that cause difficulty. We had a mediation date same date as child support. We couldn't agree so we have to go back. And we have a temporary custody case in a few days. Well we went to child support court. My status is I am unemployed so I have a fixed income, and a full-time student, she is also I full-time student, and gets limited income from school, as well as being on welfare. I gave her money to do whatever she needed to do, but most of it was electronically disbursed, and about $20 in her hand on time before this court date. Well the judge says that he's appointed the lowest amount because we're students. It's says both (Obligee and Obligor) our Gross Weekly Income are $290. I don't even get that much in a bi-weekly income rate. It has been five days since, and I don't get paid until this Friday. Should I file for a modification, and a contempt of court because she is denying my rights. I haven't seen our daughter in 10 days, and she's talking about money when I buy diapers and wipes since she was born and when she comes here. We both have Joint Legal Custody according to the Emergency Temporary Custody Order (they named her the Primary Residential Parent)that I tried to file last month, but she went the next day and they told me it was to late in the day, the clerks and workers don't leave the Family Division until 3:30 or 4:30. I am so lose don't know what to do I can't afford that, I even told the judge my situation and said "oh well". What should I expect?

[Attorney Cheri Hobbs]

You should file a Paternity Petition (even if you both stipulate that you are the father). That way you can establish a timesharing plan for the child and the court can re-evaluate the child support amount. Any receipts you have for paying for child "stuff" you will want to keep to show the court.

Attorney Cheri Hobbs