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  1. #1
    Join Date
    Apr 2011

    Default Tips for Court Pro Se

    My question involves child support in the State of: Virginia


    I am the non-custodial parent representing myself in court tomorrow to have my child support payments reduced. CP originally requested a review of my income and when she was told by the mediators that it needs to be reduced (not increased as she hoped) she decided to withdraw her motion. I then filed a motion to have my income reviewed so that child support would be reduced to what the mediators reccomended.

    CP has hired a lawyer and has requested all of my bank account history and W2's dating from 2008 to the present. I was not and am not withholding any income from the courts. We had a court date and her lawyer requested more time for research. At the next court date CP was sick and the Judge granted her late dr.'s note for a "fever" even though the Judge said the Dr.'s note was dated incorrectly, he let her be excused and the court date is now tomorrow.

    What are my chances of the judge actually lowering CS when I am going Pro Se? It seems like the judge leans in favor of her the CP because she has legal representation.

    Any advice or confidence boost you guys can give me? I get nervous speaking in front of the judge and i feel very low and beaten about this.i know not to interrupt and to speak to the judge only. Do i plead and beg or do i need show respect for myself? Can i tell the judge that i am only bringing home $1200 a month on my paychecks every month and that $400 a month is going to child support - i can barely support my wife and my new child (the judge can see this on the paystub, i he even looks at it, but would it help to say it??? Is that appropriate in court???

    Please help!

    Also - can you think of any documents i need to bring (i am bringing a current paystub, a W2, and proof that i am paying for health insurance).

    Do i need to type up a statement to give the judge or to read to him???

  2. #2
    Join Date
    Mar 2011

    Default Re: Tips for Court Pro Se

    I suggest carefully preparing a packet of papers containing all the information that you think the judge would want. You might organize the packet as:

    1. Summary of data/income, and your request (such as "I request that my child support payments be adjusted to what is normal and fair for my income."). Maybe include a statement that you have been trying to improve your job skills and pay, but with today's economy, your employer is not giving you much.

    2. Index of remaining documents.

    3. Copies of bank statements and W-2's dating to 2008 to present, and proof you are paying health insurance.

    4. An affidavit saying that you affirm that all documents are true and correct copies of the originals.

    Typing up the statement and offering to explain it sounds good to me.

  3. #3
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Tips for Court Pro Se

    The evidence is what the evidence is. If you demonstrate that you're entitled to a modification under the state child support formula, I would expect the judge to grant the modification.

    You posted this on the late side for getting information before court; how did things go?

  4. #4
    Join Date
    Feb 2010
    CT & IL

    Default Re: Tips for Court Pro Se

    Way late. But the OP should recognize that support payments are not solely decided by actual income but on income potential ... so a doctor cannot simply stop working and ask for support payments to be lowered to to his non-economic activity.

    The OP is woefully unprepared and must think this is a joke...bring a single paystub & health insurance payment...he's not going to win with just this.

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