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does a father who doesnt pay child support have a right to anything?

Posted by on Aug. 17, 2011 at 8:22 AM
  • 19 Replies
My sons father thinks he can tell me what to do when it comes to him mean while he doesn't pay support or even makes time to be with him says he's too busy. My son is 10 yrs old and he wants to be with him.
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by on Aug. 17, 2011 at 8:22 AM
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Replies (1-10):
.MommyEast.
by on Aug. 17, 2011 at 8:24 AM

 It depends on your custody arrangement, not child support.

BrownEyedGirl86
by Platinum Member on Aug. 17, 2011 at 8:24 AM
Does he have anything through the court?
Child support has nothing to do with visitation or custody
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leelee4283
by Bronze Member on Aug. 17, 2011 at 8:27 AM

Legally yes..... CS and custody/visitation are two separate issues. It sucks he doesnt see his kid but if something were to happen he has a right to know. And depending on what your custody/visitation papers say, (if you have any) determine what information you are suppose to share with him.

If you were still together and he didnt have a job and could not contribute wouldnt he still have a right to know things about his kid? Thats how the court views it. CS is based off income to determine the needs of the child as if the parents were still in a household together.

chasinrainbows
by Silver Member on Aug. 17, 2011 at 8:29 AM
If there is a paper signed by a judge saying he has rights, then yes, even if he doesn't pay CS. Why doesn't he pay anyway? Do you have a court order for him to pay? If not, why?
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ljs721
by on Nov. 17, 2011 at 6:53 AM
He's married and has a girlfriend. There are no court ordered papers saying anything on cs. He's 50 and he went to welfare just so I don't get child support. I work to do what I have to do for my son I take him to baseball games etc. He's acting this way cause I don't want to be with him and have a new boyfriend who is very good to us. My son really doesn't want to see his father so I don't make him.
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shivasgirl
by Platinum Member on Nov. 17, 2011 at 6:58 AM

 if there is a court order for visitation, then the father has every right to see the boy, even if he doesn pay...I have been to family court once over my own son, once with my husband for my stepdaughter and once for custody of my stepson and in two different states, 4 judges told us that child support and visitation are totally separate anot cancel out the other

ljs721
by on Mar. 3, 2013 at 8:51 AM
update since the last time I wrote he still does not want to work it doesn't want to do anything for his son all he does is play darts and goes to the bars his wife doesn't care what he does as long as he's there to keep the house clean and take care of the pets otherwise there's nothing between them so he says. there is no court order papers nothing really had a paternity test way back when and prove that was his and that was it he's never tried to do anything to help us out of. I work 2 jobs to get everything going with him and I. I just don't like the fact that he tried to tell me what to do when it comes to "his son"
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love_me4ever
by on Mar. 3, 2013 at 8:53 AM
I wouldnt let him see him,, my belief is you dont pay you dont seei dont care what the law says...... especially when they only come around when they want to
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TJandKarasMom
by on Mar. 3, 2013 at 8:55 AM

Child support is a completely separate issue than custody and visitation. If you share legal custody, then legally he has a say in what you do when it comes to your son with certain things (religion, education, medical, etc)...If he has visitation, he is allowed to take it with your son no matter if he pays child support or not.

That being said, when my ex started spending less time with DS I got him to agree to sign the less visitation agreement and he gave me full legal custody.  I had to agree to less child support, I can basically get him to agree to anything if I agree to lower child support (and it's only at $60 a week, it's not some ridiculous amount).  So if he's not going to be a dad, see if he will sign over full custody (physical and legal) to you and you will drop child support, then he can basically never tell you what to do with your son.

TJandKarasMom
by on Mar. 3, 2013 at 8:59 AM

In this situtation, if there is no court order for anything, I would just stop all contact.  If he's not visiting your son then there is no need to even speak with him.  I don't typically suggest you stop contact but if there is no relationship in it for your son then there is no reason to talk to the father at all.  If he wants to see his kid, he can put in the effort and take it to court...where he will most likely be given visitation and ordered to pay child support.


Quoting ljs721:

update since the last time I wrote he still does not want to work it doesn't want to do anything for his son all he does is play darts and goes to the bars his wife doesn't care what he does as long as he's there to keep the house clean and take care of the pets otherwise there's nothing between them so he says. there is no court order papers nothing really had a paternity test way back when and prove that was his and that was it he's never tried to do anything to help us out of. I work 2 jobs to get everything going with him and I. I just don't like the fact that he tried to tell me what to do when it comes to "his son"



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