About this ebook
Most people dont really understand the legal system and usually find themselves completely lost not knowing what to do or what to say.
The Dos and Donts will make you the reader aware of what actions you need to follow should you find yourself in such a legal predicament. It will also give you a better understanding of the Child Support system, the courts actions and your own individual rights.
Knowing what to say and what not to say when you are standing before a Judge may just make your day a little bit brighter. Most folks have no knowledge of what is expected of them when they are involved in any type of court proceeding. Better to have a little knowledge than none at all.
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The Do's and Don'ts in Child Support - Edward Cerda
Copyright © 2008 by Edward Cerda.
All rights reserved. No part of this book may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or by any information storage and retrieval system, without permission in writing from the copyright owner.
This book was printed in the United States of America.
To order additional copies of this book, contact:
Xlibris Corporation
1-888-795-4274
www.Xlibris.com
47065
Contents
Preface
How and why Child Support
Was Established
Chapter One
The Do’s and Don’ts
Chapter Two
Dress Code
Chapter Three
Vocabulary-Lingo
Chapter Four
Leave Your New Found Love At Home
Chapter Five
Your Legal Counsel
Chapter Six
Law Enforcement
Chapter Seven
The Judge
Chapter Eight
The System
Chapter Nine
The Inmate
Chapter Ten
The Victims
Chapter Eleven
The Parents
Parent
Chapter Twelve
Some of the Secret
Chapter Thirteen
The Tax Payer
Chapter Fourteen
Summary
Questions About Your Case
Legal Terms
Something About the Author
Dedication
I would like to dedicate this book and thank the many friends that gave me their input and support in regards to the material contained within this book. Because of their honest and direct opinions, this book came out better than I had hoped for. Because of their guidance and input, I was able to make this book more informative and hopefully useful to the reader. I personally would like to express my sincere gratitude to my close friend George Carroll/Legal counsel for his very important input towards making this book a useful teaching aide for all of the readers.
I would also like to express my thanks to all the men and women that hold the position of a judge in any court of law. Without these men and women, our children’s hardships would go unnoticed or uncorrected.
Special thanks to Judge James Rausch/Child Support Judge in San Antonio, Texas Bexar County Courthouse for his assistance in guiding me with the proper perspective/point of view in regards to Child Support. Judge Rausch afforded me some very important input that made this book more informative for the reader(s).
I would also like to express my sincere thanks to Ms. Denise Paz for her input from the perspective of a Court Coordinator and the requirements needed to ensure a smooth operating courtroom. And as usual Ms. Paz came through with flying colors and guided me in the proper direction.
And finally, I want to dedicate this book to my daughter (Roxanne). Not just because she is my daughter, but because she has gone through so much with a failed marriage and an ex-husband who has continuously caused her frustration because of child support. Luckily, Roxanne is strong-minded and has the confidence within herself to overcome any of the obstacles that were cast in front of her path in life. She has three beautiful children, two boys and a girl. Roxanne has remarried and has a good husband (Adan) and together they guide the children in the right direction. I know that with parents like Adan and Roxanne, my grandchildren will have a great future.
To each and every one of my friends who supported me in my endeavors, I deeply express my gratitude and sincere thanks. Thank you all and God Bless.
Preface
This book is not designed in any shape, form or manner to assure you the reader or anyone else that your Child Support case will fall either favorably or unfavorably on your behalf.
What this book will do is give you the reader some insight on what the author believes is the proper/improper action(s) people should or should not take when dealing with a child support case.
The author’s intentions are to allow the reader to have some general knowledge of How, and Why, Child Support was established and it’s functions. This book will also make available some insight on what an individual should do and not do when he or she is before that child support judge.
There are many cases of child support throughout many of our great states. It seems that the non-support of children by their divorced parents is a growing problem.
The majority of the offenders have in the past have been ex-husbands. However in today’s modern world that is changing. There are quite a few mothers out there that are also failing to support the needs of their offspring by their individual failure to pay their required child support payments.
What the divorced parent whether it is an ex-husband or ex-wife who has been ordered by that said court to pay monthly child support to assist in the needs of their children’s growing demands is their failure to realize that the only victim in this whole situation is their child.
The ex-spouse’s have made a decision to go their separate ways, but someone is left to care and tend to these children who were born during the marriage. These little citizens still have to be fed and clothed.
This is a growing concern to the state that the ex-spouse’s live in because the failure of one parent to support the needs of his/her children’s well being will eventually fall on the burden of that state’s tax payers. The state has the programs available, but it’s the taxpayer that supports the monetary needs of the state in order for that state to keep their child support program going.
In further chapters we will discuss the do’s and don’ts, the responsibilities of the spouses, the victim (the child), the tax payers, and many other subjects that are related to the payment or non-payment of required child support.
So, let’s continue with this book and let’s find out what this book is really all about? Are you ready? And remember the material contained within this book is not the magic potion that will solve your child support requirements. However, the information contained within these chapters may or may not give some insight on how to deal with your case.
How and why Child Support
Was Established
How and why was child support established? Mainly because of failure on the part of a non-custodial divorced parent who either failed or refused to make the required monthly child support payment that was ordered by a court. The Attorney General’s office was designated to assume the responsibility for enforcing child support in 1983, at which time the Child Support Division was created.
The child support division primarily functions to assure that the children of a divorced couple are taken care of properly by both the custodial and non-custodial parent.
Because of the failure of a divorced parent making sure that their children’s daily needs are met, the State had to develop some type of program that would force these parent(s) to meet their parental responsibilities.
Chapter One
The Do’s and Don’ts
In this chapter we will discuss the proper action (s) that an individual should take to ensure to the court that the ex-husband/wife’s intentions are honorable.
There are several options that a person has when representing to the court their failure to meet the established court orders. Speak clearly and to the point while conferring with the court. Use proper basic language such as; yes sir, no sir, judge or your honor when responding to either the court’s questions or the court attorney (s).
DO:
Be honest with the court in regards to the status of your child support case and the reason(s) for not paying your monthly child support. Make the court aware of your present status in employment and the moneys that are coming into your household.
DON’T:
Take up the court’s time with excuses of why you have not met your monthly obligations, especially if you don’t have proof to back up your statement(s). Don’t tell the Judge that you are sick, if you are not. There’s ways that the court has this unusual power to find out if your blunt statement is actually true. In the event that it’s not, well, Good Luck!
DO:
Dress appropriately when appearing before the Judge. Be sure that your clothing is appropriate for a court appearance. Your appearance is very important.
DON’T:
Wear worn out jeans, or cut off shirts, tank tops, sandals or baseball caps while appearing before the Judge.
Men:
The men should wear proper pants and shirts and shoe wear. Don’t show up wearing a dirty T-shirt and dirty blue jeans. Don’t show up with three tons of jewelry wrapped around your neck, arms and ankles. Possibly the impression you will give to that Judge won’t be the type of impression that you may have had within your own mind. And don’t come into a courtroom with an unshaven face. If you are going to have facial hair, make sure that it is presentable. If you show up looking like that missing link, you will probably be treated like the missing link.
Women:
The women should also wear the proper attire when standing before the Judge’s bench. Don’t show up wearing extremely low cut blouses, extremely short skirts, extremely high-heeled shoes and an over abundance of jewelry. That would be somewhat tacky. Don’t overdo yourself with facial cosmetics. Be simple and quaint. Ladies if you want to be treated like a Lady, then I’m afraid that you must dress and act like one.
DO:
Respond to the Judge’s questions with Sir, Yes sir or no sir. Make sure that you use the proper language that is required to communicate with that authority figure. Remember, he’s the Judge and you are the judgee. Stand with a proper posture when addressing the court.
DON’T:
Slouch in front of the bench when the Judge is addressing you. Stand tall and be proud. Well, anyway stand tall. Don’t refer to the Judge as dude
or man. These words are just not going to cut it with that judge. There are a couple of other words (statements) that I’d like to mention that might not be suitable language in a court of law. They are as follows;
Yeh man!
You know dude!
Whattaya mean?
No way man!
Let me give you a short scenario:
Well, needless to say that at the end of your pleasant conversation with the Judge you will probably find yourself in deep, well let’s just say trouble. When you converse with that higher authority, it might be wise to sweeten up your vocabulary skills (you know what I mean).
DO:
Refer to your child as either my son or daughter. This is your child and he/she is a reflection of yourself! Show concern about your child’s well being and existence.
DON’T:
Refer to your child as kid
. Don’t make statements such as, "I don’t ever get