Why am I being served child support papers when custody has never been established?

I have recently been served child support papers via mail, yet my ex and I have never been to court for child custody, and not had anything officially set up. I have our daughter 6 days of the week, yet the papers say I never have her and I am the non-custodial parent. How does this happen,, what do I do?

You need to get a lawyer fast. You ex is playing a dirty game. Your ex has filed a motion lying in order to get money.

Any parent who has charge of a child can get child support before custody has been adjudicated. This ensures that the child’s well being is maintained while the parties go through the legal process which is usually lengthy.

If you have custody of the child, you need to file a motion with the court asking for a declaratory interim judgment officially granting you custody for 6 of the 7 days and you need to bring proof showing the precedence, like school report cards, bills for clothing and for material for your child, etc. Anything that proves that your child is in fact with you for 6 days, including witnesses, partial and impartial.

A family lawyer will prepare all of this for you. But you need to intervene fast before your ex gets the motion heard. A lawyer can usually intervene and be ready to rebut any claims you ex will make in court.

If you have time, I would get your lawyer to have your motion for declaratory judgment heard before your ex’s motion. This would essentially nullify her motion and would protect you for good.

Since your ex served you, it means that you are now in defense, and as such it allows you to rebut the allegations and provide your own via an affidavit in which you explain the truth and present evidence. Since you were served, you need only provide the material in court at which time your ex’s lawyer will normally ask for a continuance in order to study the papers until they can respond to them, and which means the status quo (your current custody arrangement) is maintained. Then your lawyer should delay the proceedings for several months using well known tricks or tactics if you prefer, and during this time, you prepare all the evidence properly showing that you are an excellent parent and that you have had custody for 6 days.

Do not delay on seeing a lawyer as it can end up causing you more headaches and more money.

All the best

8 thoughts on “Why am I being served child support papers when custody has never been established?”

  1. When you have a child out of wedlock, the mother is automatically given sole custody of the child.

    They will determine custody and child support rate at the hearing. Get a good lawyer if you want to have a fightin’ chance.
    References :

  2. Custody doesn’t have to be established for child support. And as you can see, it’s her word against yours regarding if and when you have your daughter. If you REALLY have the daughter 6 days a week, I recommend you go full steam ahead with the child support hearing. It will be SHE who will have to pay YOU support. Also, address the custody issue while you’re there. Get an attorney, though. The court system works entirely different for someone with an attorney versus someone without one.
    References :

  3. You can file for custody or visitation with the courts and everything can be determine during the court hearing by the judge
    References :

  4. The first answer is wrong! She has no clue what she is talking about!
    I’m living proof of that, got custody of my boys and their mother and I were never married.
    You need to go attorney shopping first thing Monday morning before you get screwed in Court.
    References :

  5. You need to get a lawyer fast. You ex is playing a dirty game. Your ex has filed a motion lying in order to get money.

    Any parent who has charge of a child can get child support before custody has been adjudicated. This ensures that the child’s well being is maintained while the parties go through the legal process which is usually lengthy.

    If you have custody of the child, you need to file a motion with the court asking for a declaratory interim judgment officially granting you custody for 6 of the 7 days and you need to bring proof showing the precedence, like school report cards, bills for clothing and for material for your child, etc. Anything that proves that your child is in fact with you for 6 days, including witnesses, partial and impartial.

    A family lawyer will prepare all of this for you. But you need to intervene fast before your ex gets the motion heard. A lawyer can usually intervene and be ready to rebut any claims you ex will make in court.

    If you have time, I would get your lawyer to have your motion for declaratory judgment heard before your ex’s motion. This would essentially nullify her motion and would protect you for good.

    Since your ex served you, it means that you are now in defense, and as such it allows you to rebut the allegations and provide your own via an affidavit in which you explain the truth and present evidence. Since you were served, you need only provide the material in court at which time your ex’s lawyer will normally ask for a continuance in order to study the papers until they can respond to them, and which means the status quo (your current custody arrangement) is maintained. Then your lawyer should delay the proceedings for several months using well known tricks or tactics if you prefer, and during this time, you prepare all the evidence properly showing that you are an excellent parent and that you have had custody for 6 days.

    Do not delay on seeing a lawyer as it can end up causing you more headaches and more money.

    All the best
    References :

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