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How exactly does CHILD SUPPORT work? What rights does it give the dad?

I am already getting WIC, Foodstamps & im working on getting Government Housing for me & my unborn child.
The father already knows that he will be paying me child support.
BUT... I honestly dont want him to keep our baby by himself, if that is possible (1- he lives two & half hours away from me, 2- he is a pot head & uses other drugs on frequent occasion. 3- all of his friends use drugs or are always drinking, 4- he doesnt have a car, or a stable place to live)
The father works at a restaraunt part time, as far as i know.
So im wondering how much percent of his checks i will get each week or how that works.
Also, im wondering if he pays child suport does that give him the right to see & keep the baby during the first year? Being as he hasnt been around during most of my pregnancy, the baby doesnt know the sound of his voice & he most likely wont see him a lot after hes born so he will be a stranger to his own son.

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piercedmomma412

Asked by piercedmomma412 at 7:38 PM on Feb. 6, 2009 in Babies (0-12 months)

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Answers (12)
  • Well, with the father paying child support, visitation is often required.

    If you contest to his visitation, he can request to go before a judge in family court and plead his case. In turn, if you feel your reason for denying his visitation is justified, you can also plead your case. But ultimately, it will be for the judge to decide.

    Depending on what state you live in, payments can be garnished directly from his checks, or he will have to turn them in at a child support agency office weekly, bi-weekly, or monthly. I recieve mine monthly from the agency.
    .Peaches.

    Answer by .Peaches. at 7:42 PM on Feb. 6, 2009

  • The court can give you full physical custody, especially if you explain the illegal drugs. They may still award the father visitation. You could ask that the visitation be supervised. Usually it is a set amount, say $100.00. I think the percentage varies by state.
    Trixiebelle2

    Answer by Trixiebelle2 at 7:44 PM on Feb. 6, 2009

  • First off child support payments and visitation are two seperate things. Just because he pays doesn't mean he will get visitation. If you can prove he is unfit and poses a threat to your baby then you can request supervised visitation for a few hours and no over night stays until age 5. But know that if he gets his act together he can take you back to court and get it changed. The amount he pays depends on what he makes and how many other kids he is paying for. The child support office should be able to explain all of that to you. If he is only working part time, then don't expect much and it may not even be worth the headache of dealing with him....you should think about if he is really "daddy material" and how this will effect your little one in the long run. Also know you don't have to put him on the birth certificate. Good luck and congrats!!
    Anonymous

    Answer by Anonymous at 7:46 PM on Feb. 6, 2009

  • It depends on the state you live in, here in IL it's 20% of his check. It doesn't entitle him to anything, except financial responsibility. He can request visitation, but just like the previous poster said, you can request supervised visitation.
    TheDiva320

    Answer by TheDiva320 at 7:47 PM on Feb. 6, 2009

  • Maybe your husband won't want to take the baby by himself....babies are a lot of work and it doesn't sound like this guy has much parenting experience...
    stepmom929

    Answer by stepmom929 at 7:48 PM on Feb. 6, 2009

  • oops! I realize he's not your husband! I meant the baby's father...
    stepmom929

    Answer by stepmom929 at 7:48 PM on Feb. 6, 2009

  • Child support and visitation are two seperate issues with the court. He has to support his child even if he never lays eyes on the child. If youre concerned with his drug use or the environment he chooses to live in you dont have to give him unsupervised visits. In fact most judges wont even order overnight visits until the child is 2 or 3. You can write out a visitation plan giving him lets say 5 hours of supervised visits every other sat and sunday until the child is 3 and have him agree to it. If he doesnt you will need a lawyer to take him to court so its all there. Without an order he can keep the child and theres not much you can do but get a lawyer to get the child back. My advice is document everything, write down what u know of his drugs & environment and get legal custody.
    gemgem

    Answer by gemgem at 7:52 PM on Feb. 6, 2009

  • Child Support and visitation are two separate court matters, you can file for child support and if he wants visitation he has to file for that.
    goaliemom93

    Answer by goaliemom93 at 8:00 PM on Feb. 6, 2009

  • once you start receiving child support you will probably no longer qualify for help from the government. but then again if he gets laid off and get unemployment they will stop his child support payments until he gets another job. and in most cases it is 25 percent of his monthly income and if you are working or even not working they say that you make money also. he will still get visitation weather it is supervised or not. it is hard to prove that someone is unfit because a lot of judges think that when something bad is said about the other parent it is just get back games.
    mrssundin

    Answer by mrssundin at 8:22 PM on Feb. 6, 2009

  • i think child support is 20%. it has nothing to do with visitation. if court orders him to pay CS, he has to whether he sees the baby or not. if court orders you to allow visitation, you have to whether he pays or not. if either of you violate, you're in trouble. CS has nothing to do w/ assistance unless that income puts you above the eligibility requirements. research what kind of legal aid is available. ask an attorney if you can have him drug tested or how else you can prove he's unfit for visitation. you don't HAVE to let him see the baby til a court orders it. he doesn't HAVE to give you money til the court orders it. so if you file for child support but he never tried for legal visitation, you're fine. if he does go for it, you claim him unfit & support why or ask for supervised visits. he'll get tired of them & leave you alone.
    jus1jess

    Answer by jus1jess at 11:06 PM on Feb. 6, 2009

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