Legal Question in Family Law in Idaho

"Withdrawl as Attorney Of Record"

Recently I requested from the court for a review of income and for the arrearge due for cutting child support in half during the summer months which was contrary to our divorcee decree. What my attorney and I are have requested is facts that are based upon the child support guidlines. It's Law, However my ex will not cooperate, and denies to have his signature attached to the agreed stipulation. Now my question is, on the 22nd of Dec. His Attorney withdrew as Attorney of Record. (With court approval)Our Court date is set for Jan.12th. What will happen to my ex if he does not appoint a new counsel, and proceeds pro se? If he argues with the Judge by his need to address his pertinent reasons of not signing the agreement which was agreed upon in mediation? What may the Judge do? In conclusion and final question is: If he still refuses to sign anything because he feels the court was unjust in it's ruling,What can happen?


Asked on 12/31/97, 6:37 pm

1 Answer from Attorneys
Robert Friend Robert H. Friend, Attorney at Law

Child support guidelines

In my state (NC), the judges will generally enforce the child support guidelines. If a parent refuses to pay, they go to jail for 30 days for comtempt of court. It doesn't matter whether they like the judge's order or not. And, in NC, an attorney is not necessarily needed in child support court anyway, so the judge might decide to go ahead without his having an attorney (in NC, that is). If he asks for time to hire an attorney, it's hard to predict what the judge would order in my state. If I were the judge in NC, I would be tempted to make him pay the guideline amount until he can prove that it's incorrect for some reason.

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Answered on 1/06/98, 2:53 pm


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