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Child support question?

My DS has a child from a previous relationship. He's been paying CS since birth however it was amounts agreed upon btw the two of them and not through any official order. The mom keeps causing drama over the amount so he informed her that he was going to file for an official order to formalize the amount that he would pay her. Instead, she went ahead and filed a case. Now to the question! (finally! lol!)
What happens next? Do we wait until we are contacted? Should we try to contact the office? What type of information do they need?
We want to try to handle this as quickly as possible so that (hopefully) everyone is happy. Can they set up a visitation schedule too? We're a little concerned about that. We want to be able to still see his DD, but none of us can afford an attorney right now.
Any help would be great! Thanks!

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Anonymous

Asked by Anonymous at 4:34 PM on Mar. 17, 2010 in Money & Work

Answers (13)
  • I wish I could help. but here I think that child support is based on the amount of time spent at both houses and both parents income. my SO has never paid support since I have been in the picture - and we haven't recieved it either. if they dont have an official parenting plan/visitation arrangement already set up and it isn't included in what your son's ex filed with the courts, i would think he could try and file something to make an official arrangement. I wish i kner more about these sorts of things. I hate not being prepared. Who is custodial? have they ever gone to court? i would think that your son would want to make sure that his rights were not be stepped on. I wish you the best. You may be able to get a free consulation with a lawyer. Also, I know that some people are able to file all these sorts of things without a lawyer. Some lawyers can answer a lot of your questions over the phone too.
    aly38914290

    Answer by aly38914290 at 4:39 PM on Mar. 17, 2010

  • child support and visitation are two entirely different things. Child support enforcement does NOT handle custody/visitation.

    I would also encourage you to get every SHRED of evidence that he has been paying support, or he may be ordered to pay back support for the child as well- even though he HAS been paying. It is a he says/she says scenario. If he can not PROVE it, then she will win it.
    You should be contacted soon, and will go to court. It really does not matter WHO filed the papers, the outcome will be based on available evidence, and your states child support calculator (Google it to find out what you are looking @).
    ObbyDobbie

    Answer by ObbyDobbie at 4:43 PM on Mar. 17, 2010

  • Child support and visitation are totally separate from each other. He needs to go down and file a case with the courts for a visitation schedule. The family courts are usually fairly friendly to those without attorneys and should be able to help him get the correct paperwork, etc.
    For child support, they will need to know how many nights the child spends with each parent, the parents gross income, daycare amounts if any, who provides insurance, etc. You can google child support calculator and your state and it should give you a rough idea of what the amount will be - although the judge can deviate for any number of reasons.
    Good luck!
    missanc

    Answer by missanc at 4:43 PM on Mar. 17, 2010

  • you will be served with a court date. bring his last 2 w2s and a few pay stubs. yes they will probably work out visitation there too. you shouldnt need an attorney. hes been seeing the kid right? Nah. its all pretty standard. you should be fine.
    Tummysmomma

    Answer by Tummysmomma at 4:44 PM on Mar. 17, 2010

  • Do you have records of him paying her? To show that she has been taking this amount for so long. Also to prove he was paying. Wait to be contacted and continue to pay. Keep a record so that she can't say he isn't paying. I don't know about visitation.

    JAIRATRACI

    Answer by JAIRATRACI at 4:47 PM on Mar. 17, 2010

  • visitation and child support are 2 different things. If he isn't on the Birth Certificate he will have to go to the child support enforcement office and register as a punitive father so they know to contact him. If he is on the BC it might be better for him to just go to the court house (family court) and file for both visitation and child support. Some say it is better to have a visitation schedule hammered out because cs is based on the number of over nights the custodial parent has.
    If he has no proof that he paid her any money since birth don't be surprised if back support is ordered from the day of birth. He must have every canceled check or money order or they will just charge him again.
    babyfat5

    Answer by babyfat5 at 4:49 PM on Mar. 17, 2010

  • tummy... don't know what state you are in, or if you have been through this recently, but I have NEVER heard of child support enforcement handling visitation. That is a separate matter which is handled in family court, not during a child support debate. It would be unwise to assume that one goes hand in hand with the other. They are totally separate in the eyes of the law, and are handled separately.

    OP- If I were you I would make a call to the courthouse. That will clear up any questions.
    ObbyDobbie

    Answer by ObbyDobbie at 4:51 PM on Mar. 17, 2010

  • In my state, child support and visitation are separate but you can file in the same motion for the judge to rule on both of them at the same time. In my state, I had to file the motion requesting child support and serve him with a copy. Once served, he had X days, I think 20, to respond to the motion, meaning for him to file a response saying he understood what was going on and anything he wanted to say, like how much he thought he should pay or any requests he wanted to make. Then, once his response was filed, or once the 20 days was up, whichever came first, they would set a hearing date, we'd go to court, the judge would talk to us, ask questions, etc. and make a ruling. We had to file financial affidavits showing our income and stuff like that.
    tropicalmama

    Answer by tropicalmama at 4:58 PM on Mar. 17, 2010

  • In my experience,this is how it goes.She files,6-8 weeks later she and the father will get notice in the mail for the courtdate.They both show up with proof of current income and all other information they require...which should be listed on the notice.An amount is determined based on the income of both parties and thats that.Child support has nothing to do with visitation. What you can do is contact you juvenile court and ask what they do in your state.Here,the cost is $80 to file for a mediation of visitation rights.Again,6-8 weeks later notice for date is sent in the mail.Both parties attend and discuss and come to an agreement on visitation with a mediator.If everyone agrees,no further action is needed.The legal papers will br drawn up and certified and mailed to each parent.
    kimberlyinberea

    Answer by kimberlyinberea at 5:03 PM on Mar. 17, 2010

  • google a child support calculator for your state to see how much he has to pay
    admckenzie

    Answer by admckenzie at 6:28 PM on Mar. 17, 2010

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