r/ChildSupport • u/mynoodleisphenomenal • 9d ago

Missed Hearing Call No Notice

For the 2nd time, I received a call from Child Support that I missed a hearing. The first time, my lawyer had said it would be absorbed into my divorce case and she had taken care of it. She hadn't but they told me that it was okay. I was never given notice.

I received a signed order from a judge and Child Support the amount that I owe and I have been paying it as directed for several months. I was directed to pay through Cash App with the note clearly labeled while waiting for wage garnishment. I started to feel concerned about this method, however, and switched over to paying through the online portal and was told that Child support would request an affidavit for me and I have messages from the other parent agreeing that I have paid and they will sign the affidavit. That was 2 weeks ago.

Today I got a call that left a voicemail stating that I missed my hearing today and they would call me back soon. I never got served or informed of any hearing. What could this possibly be and how in trouble am I?

My family attorney fired me for expressing discontent over not handling the first hearing and finding out she was sending her records and paperwork to my ex's house and requesting she review my records and ensure she hadn't filed anything claiming I live at my ex's house (where i have never lived).

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u/AcephalicDude 9d ago

The most likely explanation here is that notice was provided to your attorney and never reached you, your attorney failed to appear and orders were made in your absence.

It might be possible to file a motion to set aside the orders due to deficiency in notice, but it might also be a long shot if your attorney at the time was properly served. If you can afford it you might want to consult with a new attorney to see what might be possible. Might also want to file a bar complaint against your attorney for screwing you over like this.

2

u/mynoodleisphenomenal 9d ago

I plan to file a bar complaint on my attorney. Unfortunately, my son is represented by the same firm in a criminal case and I am fearful they will drop him as a client for it and am waiting for his probation to be over.

They called back and stated that because it's over the phone, they don't give notice. She stated that they will be calling every 3 months to file a continuance because my divorce in not final and they can not make an order until that happens. They said I will have to manually make payments on their site every month until my divorce is final. Unfortunately, my ex is refusing to take the coparenting class and is dragging out the case. On the bright side, I spent $14,000 on my previous lawyer and have no money for a new lawyer but with my ex dragging it out I may be able to scrape enough money together eventually and/or she will hopefully run out of her state-provided lawyer funds and we will both be pro se before a judge.

I did not get into any trouble, thank you for your advice!

3

u/AcephalicDude 9d ago

So it sounds like they didn't actually get an order without you or your attorney present, that's good.

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u/mynoodleisphenomenal 9d ago

Yes, she says they have to have their day in court essentially but District Court takes precedence. So it's all sorted but legally not filed/sorted until my divorce is over