Hello ya'all, my name is Holly and I'm from Citrus Heights, California. I just finished the process of getting custody, visitation, and support for my son. The court order the father to pay child support and we are both going 50/50 in all medical, dental, daycare, etc. I understand it takes a long time before my son to see any of his support or he may never see it. However, my question is, the court ordered him to pay from now and back support as well. Wage garanishment too. The order states commencing on 1/1/07. Now, should he pay by 1/1/07 or is that when payment shall start? My indication is that he must start now and 1/1/07 is when he has to pay before they start doing it themselves. I don't want anything bad to happen to his wages, but I don't want my son to miss out. Am I making sense?
2006-12-01 04:50:28 · 7 answers · asked by hollyramage3 1 in Family & Relationships ➔ Marriage & Divorce
1/1/07 is when it will start
2006-12-01 04:53:39 · answer #1 · answered by redbull_photo 4 · 0⤊ 0⤋
He can only take your daughter away from you if he can prove to the court that you are an unfit mother and that you are unable to properly care for and support the child ect.. Its extremely unlikely the court would grant physical custody of a 5 month old to the father without significant evidence that the child would be better off and that you are unfit.. Since there is no court ordered child support then you need to go and file a petition with the family court for child support so that he can be forced to pay each week to support his child, the state will garnish his wages for the child support. Since there is no custody order or visitation order then those will have to be set up through the family court, if he is granted visitation then its possible that he can prevent you from moving the child out of the state... Another option is that: If paternity has not been established by the court (ie) DNA test proving that he is the biological father then he has no legal rights to the child until that is officially established. So you could just move back to tennessee with your family and not tell him about it, he would then need to hire an attorney and petition the family court in Tennessee for a court ordered Paternity test and establish that he is the father of the child then proceed with visitation ect from there, he would still be required to pay child support. Interstate paternity, custody and visitation procedures can be expensive because he will have to travel to Tennessee for the court dates ect ect if he doesnt have the money to do so then he may not bother with doing anything..
2016-05-23 08:00:45 · answer #2 · answered by ? 4 · 0⤊ 0⤋
Hi Holly from CH. J from Vallejo :)
He's suppose to pay between now and then but 1/1/07 is when the garnishment will start. They will take out the monthly amount along with a percentage for back support. If he doesn't pay between now and then, his back support will increase by that amount. It will probably take about a month before you receive the first check from DCSS once they start garnishing but should be weekly afterwards as long as there is no change in employment.
Hope it helped.
2006-12-01 04:59:35 · answer #3 · answered by www.treasuretrooper.com/186861 4 · 0⤊ 0⤋
Garnishment will start on 1/1/7. If he doesn't pay up his back support, he can go to jail and will stay in jail until the back support is paid.
2006-12-01 05:09:06 · answer #4 · answered by oneamy2001 2 · 0⤊ 0⤋
yes you are making sense, i went threw this with my ex
he has to have the first payment in by the 1/1/07
they actually want garnish his wages until he is like $5000 behind.
2006-12-01 04:56:15 · answer #5 · answered by crazylady1193 5 · 0⤊ 0⤋
You should call the courts to get this answered. And him paying child support is something he is supposed to do, so don't feel guilty for inforcing this.
2006-12-01 04:54:31 · answer #6 · answered by Premo Mom 5 · 0⤊ 0⤋
You might want to set down with your attorney and ask him to put everything in plain english. Nobody understands legalese.
2006-12-01 04:56:50 · answer #7 · answered by acmeraven 7 · 0⤊ 0⤋