child support?

Question

child support
Question Details: My question is about child support. I have been granted sole physical and legal custody of my baby boy Jordan. He is 9 months and his father has not seen him at all or made no attempt. He has to pay child support monthly including back support from when Jordan was born. He doesn't want to pay and gives every excuse not too. His family has emailed, visited me and called me harassing me saying I have no right asking him for support because we aren't married. I told them nicely it's none of their business and between their son, my baby's daddy and I and it's support for my son. The judge asked him if he wants a relationship with his son and he said, "I DON"T KNOW?" I'm in California so there is no way he can give up his parental rights at all. Can he take me to court and get a different court order once a judge has established an order and child support enforcement has everything on him?

Answer 1

Talk to a lawyer!

Answer 2

He can take you to court but unless his income has changed, it would be very foolish on his part to do so. When a judge ordered him to pay child support, the amount was based on a computer calculation and will not change unless his circumstances change. Furthermore, he will have to pay attorney fees, and if taking you to court is really without cause, the judge is going to sock him with paying all the fees for creating nonsense.

If I were you I would talk to an attorney (often the initial consultation is free and you can glean a lot of information just from the consult), or check out some legal online websites pertaining to the state of California, which supply a vast array of free information.

If his family is truly harassing you and this leads you to feel unsafe, I would consult with your local police department - you may be able to get a court order requiring them to leave you alone.

Answer 3

First things first, every state is different and some fathers choose not to see their child(ren). A court order can always be ‘modified’ (changed) when and if a new situation or circumstances come up. You can ALWAYS file for a modification at any time (No time limit).

I have spoken with hundreds of single mothers (the org I work for), and they too have the same problem. You hear some men on here whining about how the woman gets the car, or house, or money. They fail to see those items are for their children, to raise them, get them to the doctors and provide necessities (electric, food, diapers, tylenol, back to school supplies, etc). They fail to see that if it were just the woman, she could rent a one room apartment (for far less then if she had a child), or that the childs needs come before anyone elses, hers or his. Ignore these guys whom look for loopholes not to take care of their kids. Money is their God.

You need to be strong for your children (or baby). They depend upon it. You are their only advocate. NO ONE else will step up for his/her rights but YOU.

If you don’t have a lawyer, go to your local Legal Aid Office. All states have them and are in most counties. Look in the phone book or call your county court clerks office and ask if they have the number. Call your states Bar Association and ask if they know the number. They go on sliding scale, so its free to most.

All of our states are tired of paying for children that the parent (male or female) doesn’t pay for.

ARREARS: arrears will follow them, no matter what they do.their wages are attached (then some suddenly become ‘laid off’ or work under the table). Remember, money is their God. Once it reaches a certain amount, Its listed on their credit report, their tax refunds (state and federal) are intercepted, their property can have a lien put on it, and they are put in jail for small periods of time (and released for just a small portion of the amount owed) etc. if he tries to run over state line to avoid child support, its now a federal offense. so much more, so look on the links I have listed for you.

He also has the right to see his child, even if he doesn’t pay support. Full and Sole custody (for there are several types of custody) means the other parent has no rights to anything but visitation. Yes, he still has to pay Child Support, no matter what kind of custody there is. Check your state to see if this is the term you are talking about.

In any case, go to legal aid. Get an attorney.

Here are some links that will help. One is a Child Support Calculator, some are for single moms, some are links with laws for child support (all states are different with the laws), and some are just to help you and your baby. Take your time and pick through them all…there is some great info on them.

http://www.wantedposters.com/deadbeats_usa_a_to_f.htm
http://www.deadbeatjustice.com/list.htm
http://www.divorcelawinfo.com/
http://www.divorcelawinfo.com/calculators.htm
http://www.divorcehq.com/deadbeat.html
http://www.acf.dhhs.gov/programs/cse/
http://www.acf.hhs.gov/programs/region2/index.html
http://www.supportkids.com/
http://www.supportcollectors.com/faq.php
http://sheknows.com/
http://www.co-abode.com/
http://singleparents.about.com/index.htm
http://www.secondharvest.org/
http://www.singlemom.com/
https://www.ourfamiliesourfuture.org/index.jsp
http://www.ed.gov/prog_info/SFA/StudentGuide/index.html
http://www.singlemoms.org/info/main.htm
http://www.singlemotherresources.com/
http://www.angelfire.com/nj4/njcomputerchick
http://modestneeds.org/
http://freecycle.org/

Answer 4

Basically put, once the order is in place, the only way he can change it is if either:

A. The judge made a material error on the order, and by material, I mean he did or did not figure in something that would change the amount. Misspelling the name doesn't cut it.
B. He has a change of circumstances (typically on average more or less than 10 percent either way in income

He can also ask for a modification once every three or four years, depending upon your state.
And child support does not depend on your marital status.

Answer 5

No, right now he is violation of the original decree so he cant take you back to court.He can challenge it but wont do him any good. Your right in the fact that it is none of anyone elses business but you two since he is the father. If he somehow ever should get you back into court,just ask him in front of the judge what about all the child support arrearages he owes. He will have to do alot of explaining himself to keep him out of jail for being a dead beat dad. You have nothing to worry about here and the law is on your side. Good luck and have a fantastic new year

Answer 6

If he is in California he can't get an order ending his child support, even if he signs away all parental rights unless another man comes along and adopts your son as result of your marriage. He CAN however go to court and ask that whatever he has to pay be reduced, but they will NOT reduce what he already owes in back support. As far as his family calling to harass you, I suggest you speak with your lawyer, harassment is against the law and if they continue you can sue them in civil court over it.

Answer 7

My ex won't pay either. They will do anything to get out of paying. Unfortunately, they can rack up your legal expenses by continually taking you to court and it's a purposeful strategic move for many of them. They want to make you have to spend money on court costs, lawyer's fees, etc.

Just let child support enforcement handle it as much as possible. Get them to do wage withholding.

Answer 8

I can't imagine any judge in cali allowing him to do that so he doesn't have to pay. I would get an attorney. They can go after any assets he has to get the money he owes as well as putting a tradeline on his credit.

Answer 9

i really dont think so, because the uve filed this motion already, and that motion overwrites any other order. ANd by law hes obligations should be clearly stated in the motion regarding how much he shall pay, if he doesnt, that consitutes criminal non support,,,ive been trough, but in the situation im the one paying and she dont let me see my boy.

Answer 10

Attorney question. Do you know that it is illegal for anyone but an attorney to give you legal advise?