Facts:
They live in California
Parent's we never married
Father has always paid child support since birth
Child and Mother decided they want no interaction with the Father.
Mother and Father have not been together for 13 years.
They have court in a couple of weeks for child support.
Won't he have to pay more because of visitation and what can he do?
2007-01-30 15:20:25 · 10 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
Visitation and support are two totally different things, one has nothing to do with the other, u have to pay the same amount whether u see or dont see the child.. and the mother cant keep u from seeing ur child even if u dont pay, they are two completely different issues.. and the court views them seperately..
As far as visitations go, unless a "judge" says the child does not have to see u, then the child has zero say in the matter, your visitation time is yours and u can force his mother to insure ur right to seeing ur child..and if she doesnt u hold her in contempt of court for not allowing visitations..
2007-01-30 15:28:18 · answer #1 · answered by brwneyedgrl 7 · 0⤊ 0⤋
He will most likely have to pay child support because the child is under 18, regardless if he gets visitation or not. The child might not have a choice about going on visitation... the father has a right to request visitation if he's paying child support. The mother shouldn't try to keep him from his father if the court orders visitation rights. Visitation rights have nothing to do with the amount of the support, there is a calculation they use to figure that out from the income of the parents.
2007-01-30 15:30:12 · answer #2 · answered by Proud to be 59 7 · 0⤊ 0⤋
In most cases the Child must see the Father unless they can prove he is unfit. You would have to check what the age of emancipation is for California. But I also wouldn't push it too much. All 14 year olds are just testing their "freedom" and trying out independance.
If you think the Mother may have something to do with his desision you could ask for a Gal in the court. Also lok up PAS (Parental Alienation Syndrome) on the net. It.s a fairly new discovery of how one Parent can alienate the child from the other Parent without even thinking about what the child wants. Some courts are now starting to allow this in court.
2007-01-30 15:35:47 · answer #3 · answered by nooodle_ninja 4 · 0⤊ 0⤋
You must go to Court and explain to the Judge that the mother refuses to allow you to visit the child. The child is a minor and has not real choice. Try to have the support payments made conditional on legal visitation and compliance with the Court's orders.
Get a good attorney. Bring all the documents available demonstrating support throughout the years and anything proving the mother has refused visitation.
2007-01-30 15:31:08 · answer #4 · answered by jack w 6 · 1⤊ 0⤋
No he shouldn't have to pay more because of visitation.
When he goes to court he NEEDS to tell the Judge that they refuse him visitations.
The Judge should try to find out and possibly put it in the court orders for visitation, even make a visitation schedule they have to follow. Which they might still ignore. The only way they can legally get out of visitations is saying you are an unfit father and
a danger, which they will have to have examples.
The court likes to see you keep documentations of everything.
Dates and times visitations were not honored, phone contact and days, when you sent what amount of money, etc.
2007-01-30 15:31:14 · answer #5 · answered by sapphire_630 5 · 0⤊ 0⤋
The child is only 14. If he doesn't want to spend time with his father ask why. As far as child support it depends on where its ordered. Laws vary state to state. If the child isn't visiting dad because of mom tell the judge. And by all means get a lawyer.
2007-01-30 15:36:58 · answer #6 · answered by B D 1 · 0⤊ 0⤋
Fact it does not matter if your son has decided he does not want to spend time with you or see you.
Fact you are his father and it does not matter if you never married the mother and have not been with her for 13 yrs.
Fact he is responsible for paying child support.
Fact the mother does not have to have interaction with this man beyond informing him if the child is in the hospital. No he will not have to pay more because of visitation he will pay baised on his income.
The father will have to pay until the child is 18/deceased/married whichever comes first it does not matter if the boy never sees him again its his responsibility, the child didnt ask to be born if he didnt want to pay support he should have covered it up
Furthermore would you really force this child to see you if he doesnt want to be with you? Dont you think it would cause the child to resent you?
2007-01-30 15:30:11 · answer #7 · answered by texas_angel_wattitude 6 · 0⤊ 1⤋
No he will not have to pay more. Child support is based on the fathers (in this case) monthly income not how often he see the child. Even if the father has no contact with the child it is still his duty to help support the child
2007-01-30 15:31:22 · answer #8 · answered by Forsaken Rose 2 · 0⤊ 0⤋
well, you would still probably have to pay child support, but then again have the courts look into why the child does not want to see the father, perhaps the mother has been poisoning the childs mind against him
2007-01-30 15:38:11 · answer #9 · answered by zether 6 · 0⤊ 0⤋
I trust the guy that advised you you shouldn't make him pay for having a baby with a deadbeat. you assert he looks after their needs, yet yet you opt on funds. i do not mean to sound harsh, yet you for sure can not cope with quite a number of those youngsters financially so that you ought to enable him take his youngsters. you've 3 youngsters in a one mattress room residing house? What are you questioning? i ought to imagine you ought to decide on him to take them so that they don't ought to stay like that. If he lives close like you assert, you ought to nonetheless see all of them the time.
2016-12-03 06:36:34 · answer #10 · answered by ? 4 · 0⤊ 0⤋