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CS any info please (PIOG)

Posted by on Jan. 3, 2010 at 7:19 PM
  • 12 Replies

My brother's ex girlfriend just called him and said she is going after child support.  My family has no idea what all this entails because no one in our family has been through this.  His son is 3mo and my brother's name is not on the birth certificate.  We live in KS.  Any info would be appreciated!

I just wanted to add that I know my brother is responsible for his actions.  Neither person in this situation is innocent.  I want to protect my brother BUT make sure that his son is taken care of too.  My nephew is the number 1 priority!

     baby 1stholiday

by on Jan. 3, 2010 at 7:19 PM
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Replies (1-10):
Crissy2424
by on Jan. 3, 2010 at 7:21 PM

No idea, but good luck and here is a bump!

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MamaToHaileyBug
by on Jan. 3, 2010 at 7:25 PM

I don't know a whole lot about child support, but I think if his name is not on the child's birth certificate he doesn't have to pay because technically she could say any man is the child's father since there is no name on the paper. But I'm not sure so double check!! :)

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rugratsmommy4
by on Jan. 3, 2010 at 7:26 PM

Before the courts will even considering making him pay CS they will have a paternity test done just to prove he is the father, not saying he's not, then they will have him pay CS and his name will be put on the BC.  Usually the courts don't handle CS only because their case loads are so high.  Here in MI we have to go to Friend of the Court who takes care of all that and only goes to court when things don't go the way they should.  I wish your brother the best of luck!  Dealing with Custody issues and what not is no fun, but hey by the end of mine I had full physical and legal custody of my kids and their BF has no visitation rights at all.  I hope your brother gets what he wants out of this whole thing and tell him family support is the best thing he could have right now.

briellas_mommie
by on Jan. 3, 2010 at 7:28 PM

I think she would have to get a court ordered paternity test ( i think thats what its called, lol).  Im not sure, but since his name isn't on the birth certificate, then thats what would have to be done.

PrydferthMenyw
by on Jan. 3, 2010 at 7:30 PM

If he does not dispute the fact that he is the child's biological father then all he has to do is what the child support enforcement office asks him to do.  Generally, they will ask for proof of his income and monthly bills so they can have a court figure out the percentage of share he would have to pay in regards to what the child's mother already earns.

If he is not sure if he is the father then he would want to pursure a paternity test, but most states will make him pay, I believe.  It would be in his best interest, though, if he truly isn't sure.

If he disputes the amount of child support he is forced to pay then he will need to bring the matter to court or speak to his caseworker at the child support enforcement office to see what the process is.

If he wishes to have visitation rights, that is a process separate from child support and he will need to pursue that in court on a different docket.

Best wishe to him.  I'm glad he's interested in resolving this issue and I hope he has a wonderful relationship with his son.  :) 

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mommytothree07
by Bronze Member on Jan. 3, 2010 at 7:32 PM

Quoting briellas_mommie:

I think she would have to get a court ordered paternity test ( i think thats what its called, lol).  Im not sure, but since his name isn't on the birth certificate, then thats what would have to be done.


PrydferthMenyw
by on Jan. 3, 2010 at 7:33 PM

Each state is different because here in VA my DD does not have to have the bio-father's name on the BC in order to collect CS.  Also, he does not have to have a paternity test done unless he disputes that he is the father.  He lives in AZ and the same laws apply in his state, too.

Quoting rugratsmommy4:

Before the courts will even considering making him pay CS they will have a paternity test done just to prove he is the father, not saying he's not, then they will have him pay CS and his name will be put on the BC.  Usually the courts don't handle CS only because their case loads are so high.  Here in MI we have to go to Friend of the Court who takes care of all that and only goes to court when things don't go the way they should.  I wish your brother the best of luck!  Dealing with Custody issues and what not is no fun, but hey by the end of mine I had full physical and legal custody of my kids and their BF has no visitation rights at all.  I hope your brother gets what he wants out of this whole thing and tell him family support is the best thing he could have right now.


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nikkiJ86
by on Jan. 3, 2010 at 7:36 PM

Yeah, they normally ask the father if he wants a paternity test.

Quoting PrydferthMenyw:

Each state is different because here in VA my DD does not have to have the bio-father's name on the BC in order to collect CS.  Also, he does not have to have a paternity test done unless he disputes that he is the father.  He lives in AZ and the same laws apply in his state, too.

Quoting rugratsmommy4:

Before the courts will even considering making him pay CS they will have a paternity test done just to prove he is the father, not saying he's not, then they will have him pay CS and his name will be put on the BC.  Usually the courts don't handle CS only because their case loads are so high.  Here in MI we have to go to Friend of the Court who takes care of all that and only goes to court when things don't go the way they should.  I wish your brother the best of luck!  Dealing with Custody issues and what not is no fun, but hey by the end of mine I had full physical and legal custody of my kids and their BF has no visitation rights at all.  I hope your brother gets what he wants out of this whole thing and tell him family support is the best thing he could have right now.



savedbygrace316
by on Jan. 3, 2010 at 7:43 PM

Thank you ladies for being nice.  In the other group people aren't being so friendly.

     baby 1stholiday

cjsmom1
by Silver Member on Jan. 3, 2010 at 8:22 PM

If he disputes it then the first step is taking a paternity test. After that they'll look at his income and monthly bills along with her monthly income and bills to determine how much he has to pay her. From personal experience and seeing what other people have gone through he may want to speak to a lawyer and get advise, especially when dealing with visitation. It also depends on the type of him and the child's mother have. Is she fighting visitation? Does she want your brother to see the baby? But he should definitely go through the courts and have it on paper what visitation he is allowed.

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