Legal Question in Family Law in Rhode Island

child support court

i put in a motion for relief of child support payments back in november 2007 which the custodial parent is fighting very hard against. i ask for this relief because i have a ssdi case pending...i can not afford an attorney and she says all kinds of lies to the judge and they never let me speak at all while she just rambal on and on the whole time. do you think they will grant my motion eventually or could they actually deny me after almost $6000 has added on?? i go back every time and have brought them alot of medical evidence i dont understand if i am wasting my time with this.


Asked on 9/25/08, 12:45 am

1 Answer from Attorneys

Christopher Pearsall Law Office of Christopher A. Pearsall, Esquire

Re: child support court

Without being present I can only speculate on part of your statements about the placement parent's "lies".

To have an SSDI case pending and collecting SSDI are two completely different things to the court. SSDI cases can be pending for several years if appeals are taken, meanwhile the child still needs to be supported.

It is difficult when you cannot afford an attorney to represent you, especially if you are not given the opportunity to speak.

No attorney could tell you if they will eventually grant your motion based on this little information. Could the court deny your motion for relief? Yes, that is entirely possible.

Lastly, what do you consider medical evidence? Evidence is a term of art in the law. There are rules to what the court may or should consider. This depends upon establishing relevancy, underlying foundation, the form in which it is presented, etc.. These are things the general public sometimes take for granted when it comes to our training as lawyers.

Perhaps the judge is not considering your documents because the court does not see it as "evidence".

This is a very difficult situation for you and I wish you all the best at this difficult time.

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Answered on 9/25/08, 4:30 am


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