I have been going to court since October 2014 for paternity and child support establishment. At the first hearing, paternity had been established and the court ordered a no past support judgement in favor of the obligee (my sons mother) for reasons that she failed to appear for the hearing and that I had been incarcerated from 2006-2013. In February 2016, my son’s mother again filed for child support. The petition asks for future support and the areas where past support and support for past expenses not to exceed 3 years has been crossed out. At this hearing, my son’s mother asked that the petition be withdrawn. The judge asked her if she was sure of her decision and told her that this would be her that this would be the last time she would see er on this issue. Then again in June of 2016, she filed again for child support. This time a new judge has been assigned to the case and she is asking for future support, past support for expenses for up to 3 years, and cost for past medical care. My first question is if the judge already ordered a no past support order can that be changed? And can I ask to have the original judge continue to see my case? My son will turn 18 a month after this next court date.
It sounds like the Division of Child Support Services (DCSS) is involved in this case. If they are, an Assistant Attorney General will be present at the hearing. Always bring the prior pleadings to the AAG’s attention. Unfortunately, nobody can pick the judicial officer assigned to a particular case. Judges rotate between divisions (civil, criminal, family, etc.), in addition to retirements and resignations. A judged assigned to a particular case can be “noticed” and removed but nobody can pick the replacement as it’s a random selection. It is not possible to guess how a Judge will rule on any issue, however your chances of success improve if you hire an attorney to represent you. A person representing themselves need to be fully prepared and make sure to bring copies of all of the prior paperwork that you reference as the Judge may want to review it. Current child support may be ordered if your son is in high school past his 18th birthday and past support can be ordered up to 3 years but if a prior order was in place with no past support and no current support it seems unlikely another judge would go back 3 years. This is a unique situation and may require a consultation so we can help you with more specific detailed information.