English Deutsch Français Italiano Español Português 繁體中文 Bahasa Indonesia Tiếng Việt ภาษาไทย
All categories

how can you file charges

2006-10-05 08:29:51 · 4 answers · asked by michelle e 1 in Politics & Government Law & Ethics

support was for a different case against same man on different child with different mother wife of second did not disclose first case when she went after support affecting the amount of support to be excessive even though the child and support order were active before child 2 with second mom

2006-10-05 11:19:49 · update #1

4 answers

typically, receipt of child support pursuant to another order does not have any effect in a child support case.

payment by a payor will be relevant, but not the payor

2006-10-05 10:55:06 · answer #1 · answered by Anonymous · 0 0

Confusing scenario... Let me see if I've got this right... Mother A has a child support order for Child A. Mother B has Child B with the same man. When she went in to get a child support order she concealed the information about the order for Child A so that the judge would think that the father had more money available to pay support for Child B? If my understanding of the scenario is correct, then I have a couple of observations...

First, the first support order (for Child A) should be correct. It came first and was set based on the father's whole income - not taking into account Child B. The only order that sounds like it would be incorrectly set is the order for Child B, since the father was entitled to take credit for the pre-existing order for Child A.

It seems that it was the father's responsibility to make sure that the judge knew about the order for Child A before support was set for Child B. If he messed up and skipped court and thereby missed his opportunity to make the court aware of Child A's order, then it should be up to him to file a petition to modify the order for Child B. Until he does, then it is his responsibility to pay both orders in full - correct or not. Either way he is still entitled to pay the whole order to Mother A.

I hope I haven't made things more confusing or misread the question!

2006-10-09 09:04:36 · answer #2 · answered by Kris 4 · 0 0

If the woman is having two different men pay support on the SAME child, then they need to have some DNA testing to determine which man should be paying support; the one who's not the father shouldn't be paying and can sue to get all the back payments refunded.

If the woman has more than one child and is collecting support from two different men, each for a different child, then the fact that Daddy A is paying for Baby A should have no impact on what Daddy B pays for Baby B. So it doesn't matter if she conceals what one Daddy is paying; the other Daddy will still pay the same. Child support is calculated on what it costs to raise the child, not the mother.

2006-10-05 16:10:55 · answer #3 · answered by dcgirl 7 · 0 0

The law always deal with facts. Get proof by way of paper and take it from there. A judge is not going to listen to you by word of mouth. You must show that she is actually getting it. Good luck.

2006-10-05 15:38:58 · answer #4 · answered by imahlah 6 · 0 0

fedest.com, questions and answers