Child support...?

Question

Okay. This is the deal. My brother dates this girl last summer. She's sweet, but now she is going after him for full custody and support. He has been neligience in the entire situation and wanted her to have an abortion or give the child up for adoption. He claims this has destoryed our family. We're Jewish. I think he is just too immature and irresponsible. I wish the best for the child and her mother. He isn't financially, emotionally, or mentally capable of raising a child and I'm afraid she is gonna take him for all he got. We're in California. Is there anyway he can get out of not paying cs? He is trying to make her look bad in court and bringing up evidence that she is harassing him. What will happen?

Actually, she isn't taking advantage of him or hasn't. He really liked her in the beginning. She is a beautiful girl and he wanted more but she didn't. Neither of them planned this and I understand why she kept the child. I would of too. I love my brother but I also resent him a bit for doing this to our own flesh and blood. He hasn't seen the baby at all because he is scared shitless. I have and she's beautiful! But it's about money, she saids she is filing for the child and it's aobut her. But he can't afford it. He can't present documents in court to make the girl look bad and I understand he can't give up his rights in california, unless the child is adopted and that won't happen or the girl get's married. So there is no way he can get out?

One more detail...we have a DNA test saying he is indeed the father. It was obvious and I knew before and she paid for the test. SHe didn't even offer for my brother to pay her back.

One more detail I promise...he is 27 years old!

I appreciate everyone's comments very much. Thank you all! I should also add that my brother and I were abandon by our real mom and we have a step mom. We're Jewish and hispanic but it is right for the mom to go after my brother. He wrote a letter stating he was incapable of a child and barely makes $9,000 a year and trying to make it as a comedian. I use to talk to the girl all the time but now I don't and she saids she told our step mom she's doing what she needs to do for her daughter and everything between her and my brother is insignificant to the courts because it's about the welfare of her child.

Oh and the child is doing great and is in a great home and there is no sign of bad treatment. No drugs, alcohol or anything and she gives her all she has and does have a great family.

It's just my brother has tried to block all this out and pretend like it never happened.

Answer 1

He will have to pay child support if the child is proven to be his. It is unfortunate that so may young, immature and irresponsible people don't consider the consequences of having sex....that being conceiving a child. The act of sex is not for fools or children.

By making the mother look bad in court isn't going to do much for your brother. If the child is his, he has an obligation to help take care of the child. He needs to seek legal advise from an attorney, before he goes to court and makes a fool of himself and annoys the judge.

Answer 2

If he hasn't had a DNA test, he should request one. If he is the father, then yes, he will have to pay child support. It is very difficult for the natural father to get his parental rights severed. Even if the child gets taken away, i.e., put into foster care, then both will have to pay child support. If the girl is on welfare, she has no choice as the state will go after him for cs and possibly for the costs associated with the birth of the child. He probably needs to face up to the fact that he will be dogged for the next 18 years, to grow up and get a decent job. If you're gonna play, you're gonna pay.

Answer 3

OK the Mother is all ways right no matter what!! in the courts eyes and what she asks for she will get especially if she is on any kind of state assistance. and if you or anyone else in the family tries to go to court and bad mouth the mother so to speak you just might not get it so lucky for your brother. but regardless of what your brother wanted then or what he wants now, there is a baby to be concerned with. screw the other feelings. if she is unfit then you have to have a diffrent court case to prove it. and that is hard to do. If your brother is a few shot glasses shy from a full bar then it needs to be brought up to the proper people involved with this case. hear a a few websites that might be of help to you.

Answer 4

He's 27, not 17, tell him to get over himself and take care of his child, and honor the mother of his child.

You mentioned that you are Jewish, Just where in the Talmud does it say that your brother should neglect his child and try to get out of paying cs?

If he wants to play like a man, he needs to act like one.

The pregnancy didn't destroy the family, your brother's response to a situation he helped create is bringing shame on your household.

You and your family need to be kind to the mother of his child, because whether or not your brother does the right thing by her, that child and the mother will be a part of your family for the rest of your natural lives.

Shalom.

Answer 5

The child is the victim here in this situation. Regardless of his social status or religion he should be responsible for taking care of this child. If he's not there emotionally at least he can do is support HIS child. The judge isn't going to be interested in hearing about her past...his concerns lie in the best interest of the child--so there's no way that he's going to be able to NOT pay child support for HIS child. He should note that on top of child support he'll have to pay 1/2 of day care. You should be concerned for your niece or nephew also not just the welfare of your brother.

Answer 6

I am glad to hear that you are concerned about the baby, and if the mother will allow you and your family to keep in contact it would be a great thing for you all to do.
Your brother is an embarrasment to men. He was willing to date this girl as well as have unprotected sex without being married to her. He has no respect for women and he will remain immature for a long time. He is fully responsible, and needs to face that reality. His age says that he knows right from wrong, but choses to be irresponsible in life.

Answer 7

well...i think that if you have sex with someone and the other person gets pregnant that is BOTH of your responsibilities. If your brother didn't want to have kids and didn't want to take that responsibility, he shouldn't of been having sex with her or he should of at least used some type of protection, her too. There really isn't anyway of him getting out of this, he is proved to be the father, he should grow up and act like one and take responsibility, that is just my opinion. He could sign a document given by the courts to sign over all of his custodial rights.

Answer 8

The only way he MIGHT be able to get out of paying child support is IF he signed away ALL parental rights to the child. Just because HE wanted her to get an abortion or put the baby up for adoption doesn't give him the right to not pay child support. HE obviously unzipped his pants and CHOSE to have sex, pregnancy is one of the consequences of having sex...if he's old enough to make the decision to have sex he is old enough to pay child support.

Answer 9

The courts will only require him to pay a certian percentage of his wages. I don't know what the California law is on this, but in Texas it is about 20% of gross pay. My husband makes $38,000/year and pays $315/month in child support to his ex-wife for their two sons.

By law, the child support cannot be more than what the absent parent makes in wages. Unless he/she is unemployeed. In that case, there is a minimum amount set according to the state's minimum wage. (Texas minimum wage is $5.15/hour = Child support @ $165.00/month).

Every so often (like every 2 years) the child support case can be taken back to court (by either parent) and request for it to be lowered or raised based on the absent parent's current wages (a W-2 or Tax records or other proof of wages must be shown).

If back child support is owed, it must be paid monthly until caught up. (We paid $25/month for a year to catch it up) ... plus, past due child support accrues interest - which goes to the state.

I found this website about California Child Support:
http://www.divorcenet.com/states/california/cafaq02

1) How is Child Support determined?
In 1984 the California Legislature enacted the Agnos Minimum Child Support Standards Act. This law established minimum levels of child support and required the courts to establish guidelines for awards of child support above the statutory minimums. This is known as the Child Support Guideline, which was recently amended, effective July 1, 1992.

To calculate the minimum amount of child support to be paid by a parent, the law directs the judge to first add up the total net monthly incomes of both parents. Then, the judge has to compute the percentage of that income that is being earned by the non- custodial parent. Then that percentage is multiplied by the applicable level of welfare payments for the number of children in the household. The result of this calculation is the minimum child support. It should be understood that in the vast majority of cases, the court orders child support above the minimum level, as determined by local support guidelines.
The vast majority of child support is paid under the Child Support Guideline. The guideline is based on a complicated mathematical formula. In fact, computer programs must be used to calculate child support under the guideline.

2) How long is child support supposed to be paid?
Child support must be paid until the child becomes 18, unless the child has not graduated from high school, in which case the child support continues until the child has graduated high school or becomes 19, which ever occurs first. Presently, the law doe s not give judges the power to make a parent support a child beyond the age of 19, unless the child is physically or mentally disabled. However, the parents can agree that child support is to continue into the college years, and such an agreement will be enforced by the Family Law Court.

3) How is child support supposed to be paid?
Unless the custodial parent agrees otherwise, all child support is to be paid by a wage assignment. This means that the child support payments are to be deducted from the wages of the parent who is obligated to pay child support.


And this website has a calculator for child support:
http://www.west.net/~ivguy/testcalc.html

It takes the Father's income
The Mother's income
The Father's Custodial time (%)
And the # of Child for support

Answer 10

you know its terrible that your brother got taken advantage of or whatever but he is still responsible for child support. There is no way he can just get out of it unless of course the child isnt his. It really doesnt matter if the woman harrasses him or stalks him even, He can get a restraining order but thats it he will still be paying support to that child until its 18 th birthday