child support?

Question

I have a 3 mon old with a British guy. We dated for 3 yrs, He wants nothing to do with her and hasn't seen her. He is still married, but she lives in the uk, he's here. (They are sep for 3 yrs) I have turned him in for child support and waiting for a appt date, I also need to estb paternity, My ? is can he move all assets into her name and cover himself that way? He makes 1k a week just in his job alone. Also he is illegal please give thorough answers and ple NO bs about a married man just want serious answers about what he can and can't hide. There is a 3 month old to think about.

As before he is illegal, and the wife has the cars and insurance in her name, has for yrs, and she comes back every Oct to renew insurance. He lost copy of his lisc about 3 yrs ago and it is no longer valied as of last May. As far as I know, everything else is still joint.

He has lived here for 12 yrs and has lived at current residence for 5 yrs and has paid taxes last yr. I have all infomation except his ss#. I gave employer info as well. Hope this helps.

what he makes at his job is his alone. I was concerned about house, accounts etc.

I live in Central Florida and they do have you list all your assests' on his sheet he fills out.

The wife knows about our daughter, but has never approached me or contacted me when she was here recently or emailed me from the UK. I know she figures herself that "It's not her problem, she has nothing to do with it"

Answer 1

You have the additional complication that you are talking international cooperation here. But the law applied would, in general, be that of your residence. Whether they will get the full cooperation of the British government, I cannot say.

If this was all going on in the US, you would have to demonstrate that the assets were changed to his wife's name after he found out about your pregnancy, and in anticipation of your lawsuit. If you could prove that (and discovery laws are the real problem when you are dealing with another country), then the transfers would be declared fraudulent and the assets would be included in the calculations for child support.

But he can't simply transfer his salary to her that way, and so that money will be calculated regardless. And if they have laws similar to ours regarding community property, his attempts to transfer to his wife's name alone might come to naught, anyway.

Still, there are trust funds and things which are pretty good at protecting money from lawsuits. It's very, very complicated.

Have I made it clear that you need to hire a good lawyer?

Answer 2

You're right. Establish paternity first. Since you know where he works/lives it should not be hard to have him served. Go to the child support agency and get things started by filling out an application. If you apply for any state aid, this will compel the state to act.

His assets are really not a concern--his INCOME is. They will set support based on his income--not his assets--unless of course he has a greater earning capacity (ie he has a master's degree and is working at McDonalds to keep his support payment low).

My concern would be his absconding back to the UK--interstate cases are hard enough--international cases are a nightmare. Therefore, I would consider writing a well worded letter to his wife letting her know--her husband has responsibilities to his daughter here (in case he thinks he can slip away back to his unknowing wife).

Answer 3

Okay, this is tricky.
Paternity has to be established through a DNA test. If he has gotten a good lawyer, that lawyer is going to probably tell him to do that at least to make sure the child is his.
Now, as far as moving the assets into her name, that really isn't going to help. Courts base child support on three things, your income, his income, and the child's percentage of time with each parent. Assets don't come into the picture that much. Should he try to hide assets that produce income, the courts have two options (neither of which is pleasant for the ncp). First off, they can impute income for him, which is a fancy way of saying they'd make up an income for him and base his child support off it. Secondly, if he has hidden assets or income, and the court learns of it, they can retroactively ratchet up the child support.
And as an aside to the man: unless he has a mindless worshiper for a wife, moving all the assets into her name is just going to make it easier when she divorces him.

Answer 4

I would suggest that you go to your local public library and take a look at your state's Family Laws. I reside in Texas and am only familiar with our laws. In Texas his assets are not really looked at when determining the amount of child support set by our courts. They go by how much he earns through his employment; either by looking at his yearly tax forms or his paycheck stubs.
I do not know what your concern is about him transferring property into his wife's name unless your state dose go after assets. You should look into that in a Family Law book.
Furthermore, you should have an Attorney General's Office that you can call and they will represent your case for child support and answer all of your questions.

Answer 5

The child support isn't based on his assets. It is based on his income. You will have to check for your State, but in new york state, child support is based on a persons gross income and based for one child at (17.8% of gross earnings). Just so you additionally know if their was two children (25% of gross earnings)
would be deducted from his pay check, prior to his/her taxes. Each state in the USA is similiar and closely same in income you would be allowed from the father/or/mother;based on who was taking who to court for support.
Back to your question though, Paternity can be established by either DNA, or he could own his responsibility and go to court and ADMIT, to the judge that he is in FACT THE FATHER of this child.
Once paternity is established, the court/judge will determine EXACTLY what his income is legally, and set an amount of child support based on this. Yes other minor children he is obligated for support plays a role in this amount also. You and your child will be treated fairly though or your child should be. You also have a LEGAL RIGHT to take him back to court, every single year for more support if you feel this is necessay? Also if through his job, he has insurance for medical, your child will OR should be ordered by the judge for him to add this child on his insurance, to pay for medical expenses. I hope this helps you to be better informed.

Answer 6

Its going to be really tough. First, they are going to have to be able to serve him papers to establish paternity. If they are unable to get an address of where he lives this process could take forever. If he works off the books, he may be untraceable. I would get an attorney if you don't want to wait four years, it could realistically take that long with CSEA. I've gone through thiis and my daughter's father is a US citizen.

Answer 7

I think it may be hard to get court mandated support from him if he is illegal, won't it?