I have a firend who needs some answers. He's been getting letters from child support stating he has to pay child support arrears.
He and the mother have not had contact for several years. Thier child was removed from the mother's home and placed in foster care a couple of years ago. Since then the mother has lost her maternal rights and he has lost his paternal rights to this child while incarcerated.
While the original petiton was filed by Dept. of Soc. Serv. the mother's name appears on the papers as petitioner. Right now moneyis being taken directly from his check and his income tax return.
He's wants to know if he is responsible for paying child support arrears to his child's mother if niether one of them had custody of the child?
2007-01-30 18:08:15 · 6 answers · asked by demomi4 1 in Politics & Government ➔ Law & Ethics
no way. But he'll have to go to court and bring all documentation of when the child was put into foster care to prove it. And, once the child is out of foster care he'll have to start paying again. Get as much proof as possible since some judges are biased against fathers.
2007-01-30 18:16:57 · answer #1 · answered by sspade30 5 · 1⤊ 0⤋
She the mother can not go after him , but the state can.
Child support is just that to support the child.,if the child is not with the mother there is no need to give her anything.
petitioner: she Field papers for child support ,she cant do that.
She lost her maternal rights that is saying she is no longer the mother.
I would be getting myself a lawyer and fast.
If anything I can see him paying child support to the state but not to the mother.
2007-01-30 19:19:35 · answer #2 · answered by ღ♥ஐcookie1ஐ♥ღ 6 · 1⤊ 0⤋
If he is in arrears for when the child lived with the mother,then yes,he owes that money to the mother.He wasn't living up to his obligations while the child was living with the mother.It doesn't matter that the child is no longer with the mother,this is money that was owed from before.My son is 20 years old,my ex is still paying me for the arrears he owes.
2007-01-31 03:02:00 · answer #3 · answered by mizzjerry 3 · 0⤊ 0⤋
~If he wasn't smart enough to petition for modification when mom lost custody and the arrears accumulated, he's SOL and it's his own fault. DSS is petitioning over the mother's name under it's subrogation rights and her assignment. DSS is entitled to current support. Mom is entitled all arrears due her under the terms of the original order until such time as it is modified. Dad can go back to jail for his contempt and wilfull non-payment.
Sounds like maybe somebody should be talking to a lawyer, no?
2007-01-30 18:19:53 · answer #4 · answered by Oscar Himpflewitz 7 · 2⤊ 0⤋
He has to pay child support to the state since the child is a ward of the state and he needs to get an attorney to get this straightened out.Good luck.
2007-01-30 18:13:59 · answer #5 · answered by jnwmom 4 · 1⤊ 0⤋
It doesn't make sence to me why he would have to...but he should consult a lawyer...
2007-01-30 18:16:09 · answer #6 · answered by KarenS 3 · 0⤊ 0⤋