I just posted a similar question, but I can tell my question wasn't clear. My fiancee had a child support order issued against him by his PREVIOUS wife. When they were considering the amount, they did not let him use OUR daughter as a dependent, because we are not yet married. So, they say she is "illegitimate." His child order is over 1/2 of his pay. I think this is wrong and unfair. Am I right? We live in GA.
2007-01-22 05:39:56 · 6 answers · asked by domonique_00 1 in Politics & Government ➔ Law & Ethics
it is unfair but that is the way it is.....in the state of GA a father has 90 days after birth or after moving to Ga to petition the court to legitimize their children born out of wedlock.....i know this because about a year ago in GA my ex and i had a custody battle and he lost based on this fact....signing the birth certificate is not legitimizing according to the state of GA
2007-01-22 05:56:54 · answer #1 · answered by ~angie~ 6 · 0⤊ 0⤋
Most of the child support laws are unfair, because they are made to punish the men who choose not to pay. For example if someone chooses to pay over the court issued amount and the courts are not aware of this they'll take that extra money and use it within the bureau. This is totally unfair, but it happens all the time. They don't give the father any rights in custody or the ability to claim that child as a part time dependent, but will take enough money from him to "give the child a lifestyle similar to what he/she would have if their parents where together" that's totally based on assumption with no credible evidence that the child would even have that life style. Oh one other thing the mother seeking support has a lot to do with how much they ask for! She can take as much or as less as she would like!
2007-01-22 05:53:08 · answer #2 · answered by ? 2 · 0⤊ 0⤋
As long as your child is his child and he's listed as the father on the birth certificate or has some proof of paternity, it doesn't matter if you are married or not and he's still just as responsible for her as he is for the child from his first wife. If I were him, I'd be contacting an attorney and getting to the bottom of this.
2007-01-22 05:50:07 · answer #3 · answered by tkltafoya 4 · 0⤊ 0⤋
He was there for the "big event" ... he is "on the hook" for the next 18 years, minimum! You knew he had kids when you hooked up with him, what? You thought that they would disappear when you married him? SILLY YOU!
Should all of us "ante up" and pay for his kids? I wasn't there for the pleasure (if you don't know what I mean by "pleasure" you are either too young to be reading this or gay!), why should I be there for the pain!
How many kids are we talking about .... 1? 2? 5? If the answer is less than 3 ... 50% of his pay might be excessive (depending on the mother's situation). If Mom is making the minimum wage or below ... and Dad is making less than 50,000/year ... that 50%+ per year ain't so bad!
I believe that child support should take "seniority" into account!
Legitimate offspring first, we already know (about) what it takes to raise a child to adulthood ... "Poppa" should have to pay 1/2 of this value for each of his legitimate offspring, first and foremost!
If after paying this, he has enough disposable income to attract another mate ... more power to him! But his first responsibility is to his first family!
Let's take a "worst case" as an example:
"DADDY" has 2 kids from a first marraige, 2 illegitimate kids from an affair, then 2 kids from a second marraige (different woman than the affair!), 2 kids from an affair (for the sake of sanity ... he bedded yet another woman!), then, you guessed it, another 2 kids from yet a third marraige (you guessed it, another woman in this scene! We are up to FIVE different women in this scenario!)
He has a total of 10 children, out of 5 different women! How do we determine "senority" in this case?
EASY!!!!
He married three of the women, pledging to love honor and care for her to "death do us part" His first legitimate offspring has senority, up to 50% of the reasonable and customary cost of raising a child to adulthood!
Second marraige: The woman involved knew/should have known that her man had a past, let's cut this offspring in at 1/3 of the cost of raising a child to adulthood.
Third marraige: Daddy is getting a little long in the tooth at this point, but he STILL pledged to support this woman! The woman should, with out a doubt, have knowledge of his past "indiscretions"! But give her benefit of the doubt, her kids also get 1/3 of the cost of raising a child to adulthood!
Affair #1: No marraige "contract" pledging support for her (or offspring) ... but she WAS the first in this category! Deserves less than what the "married" offspring producers get ... but must get SOMETHING! Let's settle for 10% of the reasonable and customary cost of raising a child!
Affair #2: Still no marraige contract ... her children are at he bottom of the list! She knew (or should have known) about his past! Let's call it even at 5% of the cost of raising a child to adulthood!
Give "Big Daddy" 15 % of his pay to handle expenses (rent, utilities, etc). Now this may equal more than what "big Daddy" makes ... what to do then?
Still EASY:
"Big Daddy" still gets 15% of his net pay to handle expenses! The various dependants are compensated on a sliding scale ...
1st marraige still gets the highest, followed by
2nd marraige, which is equal to
3rd, 4th, and 5th, (and so on, and so on, etc) marraiges!
then come the affairs
1st affair gets the higest payout.
AfAffairs 2 through 20 are compensated at the same (and lower) rate!)
2007-01-22 11:52:54 · answer #4 · answered by ornery and mean 7 · 0⤊ 0⤋
Our state has a chart.....21% for 1 kid, 32% for two kids...etc. Request that you see the documentation of how the numbers were derived. Also, is he listed on the birth certificate as the father? I thought illegitimacy died along time ago.
2007-01-22 05:51:48 · answer #5 · answered by voandginger 4 · 0⤊ 1⤋
Goot question and issue.
2007-01-22 05:46:54 · answer #6 · answered by A Guy in Manhattan, NY 1 · 0⤊ 0⤋