My fiance has a child from a previous marriage and his ex wife has full custody. My fiance has a legal document stating he doesnt have to pay any child support, although he does anyways...however, my parents went through a paralegal course over 10yrs ago and told me under NO circumstance is a father not to pay, even if he doesnt see his child. Im confused.
2006-12-27 12:56:28 · 26 answers · asked by exotichina 1 in Family & Relationships ➔ Marriage & Divorce
The only reason a non-custodial father would not be required to pay child support is if he has signed away his parental rights, and is no longer considered the father.
2006-12-27 12:58:45 · answer #1 · answered by SLWrites 5 · 2⤊ 1⤋
Visitation and CS are are not dependent upon one another. If a man quits paying CS, it doesn't mean he can't see his kids. One has nothing to do with the other. That may be what your folks are talking about. OR they could be talking the failure to support a child as being grounds to terminate parental rights.
Now, even if the mom has full custody, that doesn't mean your bf has no parental rights--he's still the father--he gets visitation, I am assuming by your question that a Court has not terminated his legal rights, but has rather, given physical custody to the mom.
You say he has a legal document saying he doesn't have to pay CS. What kind of legal document? And so what if he does pay anyway? What's the harm in that?
If, by chance, you are seeing a man who has kids from previous relationship that he does not contact----you may want to give serious thought to your future with this guy--it takes more than money to raise a child.......is he gonna stick around for your kids? Why would he do that and not the kid he already has????
2006-12-27 13:08:04 · answer #2 · answered by kathylouisehall 4 · 0⤊ 0⤋
Even if a father had no custody to his child and a paper stating that he doesn't have to pay support.. but he still does.. shows that he is a good father.... he has a responsibility... to support the child ( not the ex ) and if he doesn't want to give cash.. so he knows the money is going towards the child not the ex... set up a trust... and put 1/2 in the trust in the child's name and the other 1/2 for the things needed per month.... does he want to see the child.. does he see the child? Even if he doesn't he is doing the right things.. that is his child regardless of wether he has custody or not.
2006-12-27 13:01:23 · answer #3 · answered by kAtTs 2 · 1⤊ 0⤋
"Legal document" is an awfully vague term.
I presume that what they did was work out an agreement along the lines of "I'll give up all rights if you waive child support" and signed it in front of a notary.
If a court blessed it, there may be more to it. Is this a court order or just an agreement they notarized?
The general principle is that the support is an entitlement of the child, though it is paid to the custodial parent.
Here's the thing, though: If they made an agreement and are sticking to it, no harm no foul. Some moms want the dad out of their life so fervently that they choose not to pursue the dollars. The hitch is...if the dad changes his mind, Mom can get cranky and go for back child support. The further hitch is...Mom can get cranky and do that anyway.
It is POSSIBLE that your fiancee is sitting on a financial time bomb and doesn't know it.
Advice: He needs to take his "legal document" to an attorney and get a clear opinion on what his rights, risks, and obligations are. You'd be cranky if he got hit with years of back child support...especially if you had little ones of your own (or even plans to have them).
2006-12-27 13:06:09 · answer #4 · answered by Anonymous · 1⤊ 0⤋
EVERY child has the right to be taken care of by BOTH parents, regardless of whether they are in the childs life or not. That paralegal is right, under no circumstance is the absent parent not to pay. It does not matte what his legal document says, if he is the father, he has to help financially support his child. Why would you want to be with a man who doesn't want to take care of his child? Especially if he know the child is his. He sounds like a loser. Whats so confusing about a man taking care of his own? Don't you want to be with a man who takes care of his children? Wake up lady!!
2006-12-27 13:14:43 · answer #5 · answered by Poetess_4U 4 · 0⤊ 0⤋
Parents cannot make an agreement to basically bargain away their child's support. Legally, the support belongs to the child, not the parent. Therefore, the only way a parent wouldn't have to pay support is if they either made so little money that they couldn't afford support, or if they gave up all their parental rights. It may be that he's ordered to pay support by the court, but his ex-wife doesn't insist that he does. If that's the case, he needs to make sure he pays it, or else she could suddenly decide to take him to court for any back support owed, and he could have his wages garnished or even be put in jail.
2006-12-27 13:06:09 · answer #6 · answered by LittleBit 1 · 1⤊ 0⤋
It's his child! It's his full responsibility to look after him financially whether he has custody or not.. c'mon now, he was part responsible for bringing him/her into the world, why would a paper make any diff on whether or not he sends his child money for his or her own well being. I believe he's doing a great thing by paying child support even if he 'doesn't have to'.. it actually means that he cares for his offspring like he should :) and just because he can't or isn't allowed to see the child, it does not wit hold his responsibility to pay.. *hugz*
props to him for being responsible and for making a difference :)
maybe what your father was trying to get across was that a father/mother should pay child support regardless of the circumstances he/she is faced with.. whether or not the court is obligating pay.. who knows? Unless that is the parent has given up the rights to his/her child.. that's a whole different story. :)
2006-12-27 13:01:23 · answer #7 · answered by ☆Karma☆ 6 · 1⤊ 0⤋
There are many cases where a spouse has been determined to not have to pay child support. I think he is a good man to pay anyway. could be they have joint custody. Your parents are needs to take a refresher course. There are also cases to where a parents has to pay child support, even if he is not allowed by the court to see the child. It is all up the courts and the circumstances of the divorce and child custody and support.
2006-12-27 13:03:34 · answer #8 · answered by m c 5 · 0⤊ 0⤋
I think all fathers or mothers should help support their child no matter what. the mother or father need to take responsibility too. why should 1 parent raise or provide everything for the child just because they get a divorce. are they divorcing the child too? there are laws out there and they can enforce the father/mother to pay the child support. some people has went to jail. this is in the state of pa
2006-12-27 13:07:18 · answer #9 · answered by carol d 1 · 0⤊ 0⤋
There are VERY few cases in which the non-primary guardian parent--in this case the father--doesn't have to pay child support. EXTREMELY unusual circumstances must have been brought to the attention of the court that dictated custody and child support.
2006-12-27 13:22:52 · answer #10 · answered by Earnesty_in_life 3 · 0⤊ 0⤋