Divorce Questions - Office Of Child Support Enforcement
The Office Of Child Support Enforcement, Attorney General's Office, is prepared to assist single parents collect past
due support payments. Not all single parents qualify for free assistance which may be denied if failing to meet
strict criteria. Qualification usually depends on the financial interest served by the state, that is, if the
state may recover financial assistance previously provided to a single parent, assistance becomes more likely.
Private attorneys routinely file motions to compel payment of child support and resolve outstanding divorce
questions.
Resolution of Divorce Questions:
- Legal and statutory divorce questions are decreed by the court, through court order. Lawyers are obligated
to advise
clients of possible outcomes.
- Divorce questions requiring a professional opinion (expert testimony) are usually resolved by comparing
competing reports, deposition and trial testimony.
- Factual divorce questions about conduct during the marriage are resolved by a jury (or judge in a bench
trial) based on a preponderance of the evidence (civil standard).
- Daily scheduling and minor divorce questions are normally resolved by attorneys and parties by agreement.
If agreement is not reached, a hearing may be requested. Judges quickly grow intolerant of hearings over minor
issues.
|
