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2 Bumps

Temporary Order for Child Support.

When we went in April, he claimed he wasn't working and was collecting unemployment. So they set up a temporary order stating he is obligated to pay $193 a month. He was supposed to start paying starting May 1st. Well to this date, he has paid $46.
We have another court date in August to re-evaluate if he is working or not (which he claims neither him nor his wife are working).
My question is, what is going to happen when we go in August and he has hardly paid any money? They based the amount he pays off of his unemployment checks. Can I request he sign his rights over b/c he has only seen her twice since she's been born and has never tried to see her other than that.
PLEASE NO BASHING. JUST LOOKING FOR ALL YOUR EXPERIENCES. THANKS.

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NOLAmommaKRYS

Asked by NOLAmommaKRYS at 9:26 AM on Jun. 29, 2010 in General Parenting

Level 15 (2,032 Credits)
Answers (8)
  • You cannot request he sign over rights. They will probably tell him that he has a certain period of time to get it paid but good luck getting it.
    Jademom07

    Answer by Jademom07 at 9:29 AM on Jun. 29, 2010

  • Let me rephrase...you can request him sign over rights but non-payment of child support will not make a judge grant the request. If he does sign over rights, you will not get any support for the child since you are assuming full responsibility for that child.
    Jademom07

    Answer by Jademom07 at 9:31 AM on Jun. 29, 2010

  • You cannot request he sign over the rights based on child support alone. You will have to through other courts to have his rights removed. They will set the child support amount and give him a deadline to pay, if he does or not is a completely different story.
    bumblebeestingu

    Answer by bumblebeestingu at 9:32 AM on Jun. 29, 2010

  • doesn't matter if he's working or not, he's collecting unemployment
    He still has to pay the minimum.
    My ex even though he wasn't working and had NO income, had to find a way to pay $45 a month. (I know that's almost like what's the point!) But if he didn't pay, he got in trouble.

    Depends on your state really though. Some are good about trying to get the money from the dads, others are not so good about it.
    DarkFaery131

    Answer by DarkFaery131 at 9:32 AM on Jun. 29, 2010

  • While I'm not aware of your relationship or nonrelationship with this man, he is your child's father and has an obligation to help support your child. Not all noncustodial parents are dead beats but some will try anything to get out of the support. Your child deserves that support and you need that help. Even though he isn't making the payments, it will (or should) continue to accumulate and will create a back child support amount. It will dog him in everything he does. They will pull it from his tax refunds and everything they can. He can't get out of it. Keep trying! If you let him sever his ties and parental responsibilities, you are letting him off the hook which is what he wants. Hang in there!
    Lifes-A-Dance

    Answer by Lifes-A-Dance at 9:38 AM on Jun. 29, 2010

  • When you go to court in August, the judge will see that he hasn't paid, and order that it be paid. If your ex isn't working, it may take awhile for him to get caught up - but he is obligated to pay the court ordered CS. In some states, he could lose his license or go to jail if he continues to not pay.

    Parental rights are different than CS, if you want him to sign over his rights that should be done separately; I don't believe a judge will grant this action just because of non-payment though. (If you can establish a pattern of him not seeing her you can, but I think it has to be over a several year period.)
    Scuba

    Answer by Scuba at 9:48 AM on Jun. 29, 2010

  • As long as he is going to be looking like such a dead beat in court, you can bring up the fact that he never see's his child. Sounds like the final orders will be granted in August. Ask to go back to mediation and to go over visitation schedule with mediator again. Those will go in the final orders, Then, keep track of everytime it is his time with the child, that he is a no show. That you can take to court and present to the judge to cut ties on. Good luck
    beyondhopes

    Answer by beyondhopes at 4:43 PM on Jun. 29, 2010

  • Beyondhopes: we have no visitation set up at all. We only have child support set up. I just feel that If he cannot even pay $193 a month and cannot willing come see his child then there is no reason for him to have rights bc he has not tried. All of his family wants him to sign his rights over bc he has not tried.
    If signs his rights over I do not care that I will not get child support bc I don't anyway so it won't change anything.
    NOLAmommaKRYS

    Comment by NOLAmommaKRYS (original poster) at 5:43 PM on Jun. 29, 2010

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