When I say, I wiped out my account, I wiped it out -- $3,500 as a retainer, and I pray he is worth. It was money from income tax refunded but I just too fearful to go on without an attorney. Now, I am somewhat hopeful. He sat and just let me talk and ask questions for more than hour, almost two.
Unfortunately, I can’t get the case moved to my county. It seem her father did file within the 20 day guidelines and DOR gives them an option to respond in any court of their choosing and of course he chose his county. The lawyer said if I wanted him to argue to move it to my county, I could but it could end being throw out. I would have love to gotten it to my county because I suspect he is hiding stuff here, but hey.
However, we are going file our own counterclaim. The attorney said based on the affdative there is already a presumption of paternity. He plans to filed a motion saying so, and that this is way to avoid the DOR child support case. Ooh he will also be talking with the DOR attorney. And he said if they want to question paternity and insist on a DNA test, then the father will have to pay for it. Ohh, they will be filing for a full disclosure of all his finances from income taxes, pay checks bank statements, you name it. He will also be demanding retroactive child support from the day the baby was born, as well as for him to pay half my medical expenses, and up to 75 percent of the baby’s daycare bills.
As for the 50/50 split, which is how courts seem to like to do, he thinks that is highly unlikely. He said while it’s possible, he doubts a judge wouldn’t do that, and we will be building a case against doing that
Now, let’s see what he comes back with. I know he—her father—will be livid. I am not suppose to have an attorney to defend myself. He did the exact same thing to the mother of his 7 year old son. She filed a domestic violence case agaisnt him in her county. Somehow with all that he was granted temp custody of the baby who was two at the time. He filed for paternity and custody in his county, and she showed up without lawyer and got screwed. The he turned around and filed for child support from her. I refuse to be her, and will fight him battle for battle. Right now, the baby will be past one by the time this goes through the courts.
The attorney says six to nine months...pray for me.
