Child support question??

Question

I am 6 moths pregnant and am not married yet to my fiancee. We will be married April 1st and our baby is due in June. Today he got a summons in the mail to appear in court to be tested for the paternity of 1 child by his ex girlfriend who cheated on him alot and also told him the child wasnt his because the dates didnt match. ( why she said that, i do not know- because i have seen pictures of this baby who is about 3 months old and she looks just like my fiancee, and we are pretty sure it is his).. And if the baby IS his then they will decide on child support. Right now he makes about 3,000/month but brings home about 2,100 after taxes and insurance and all. He has no dependants because we are not yet married and OUR baby is not born yet. So after our baby is born in June, we will also be married and this will be 2 dependants he will then have.. Will he need to go back to court to get it adjusted? Or do courts not count the fact that a person has more than themself to take care of??

FYI- He didnt cheat on her at all. We met way months after they broke up! It was nothing like that!! She cheated on him thats y he broke up with her. Him and i havent been together but like 9 months OK

Answer 1

every state is different (slightly) about these matters, but the majority of them goes by the income of BOTH parents. NOPE, they dont care how many other babies he has. no, they wont lower it because he now has a another baby.

they go only by the child in that case.

if one parent is not working an amount is calculated for that parent and added in (usually minimum wage if unskilled).

here is the child support calculator; just click on your state and fill it in. its a general idea, not including medical insurance for the child, daycare expenses, etc. the other links, just click on your state and find the section/subject you need. that'll help a lot if you know your laws.

he can save money if he offers to babysit while she works... in some states.

CHILD SUPPORT CALCULATORS
http://www.divorcelawinfo.com/calculators.htm
http://www.alllaw.com/calculators/childsupport/
http://www.helpyourselfdivorce.com/child-support-calculators.html

LAWS
http://www.divorcelawinfo.com/states.htm
http://www.divorcehq.com/spprtgroups.html
http://www.divorceinfo.com/statebystate.htm
http://www.divorcenet.com/states
http://www.divorcesource.com/
http://www.divorcesource.com/info/deadbeat/deadbeat.shtml
http://www.divorcecentral.com/
http://family.findlaw.com/
http://family.findlaw.com/child-support/unpaid-support/support-orders-enforcement.html
http://www.divorcehq.com/deadbeat.html
http://www.divorceinfo.com/
http://www.divorceinanutshell.com/
http://www.lawchek.com/Library1/_books/domestic/qanda/childsupp.htm
http://family.findlaw.com/child-support/support-laws/state-child-/
http://www.supportguidelines.com/resources.html
http://www.supportguidelines.com/links.html
http://www.supportguidelines.com/laypersons.html
http://www.supportguidelines.com/articles/news.html
http://family.findlaw.com/child-support/support-basics/
http://www.spiesonline.net/deadbeat.shtml
http://www.childsupport-aces.org/index2.html

STATS
http://www.childsupport-aces.org/acesstatistics.html

FINDING DEADBEATS
http://www.wantedposters.com/skiptrace.htm
http://find.intelius.com/search-name.php?ReportType=1&
http://www.discreetdata.com/index.html
http://www.identitycrawler.net/people_search.html
http://www.efindoutthetruth.com/
http://www.peoplefinders.com
http://zabasearch.com/

FED AGENCIES
http://www.ncsea.org/
http://www.nfja.org/index.shtml
http://www.naag.org/issues/issue-consumer.php

REGIONAL FEDERAL CHILD SUPPORT OFFICES
http://www.acf.hhs.gov/programs/oro/regions/acf_regions.html

FACTS AND REGIONAL FEDERAL CS OFFICE INFO
http://www.acf.hhs.gov/programs/cse/fct/fct4.htm
http://www.divorcesource.com/WI/ARTICLES/beaulier11.html
http://www.acf.dhhs.gov/opa/fact_sheets/cse_factsheet.html
http://www.acf.dhhs.gov/programs/cse/newhire/index.html
http://www.acf.dhhs.gov/programs/cse/faq.html
http://www.acf.hhs.gov/programs/cse/newhire/fop/passport.htm
http://www.acf.hhs.gov/programs/cse/newhire/fop/fop.htm
http://www.acf.hhs.gov/programs/cse/newhire/faq/faq.htm
http://www.acf.dhhs.gov/programs/cse/extinf.html
http://www.acf.dhhs.gov/programs/cse/
http://www.acf.dhhs.gov/grants/grants_cse.html
http://www.acf.dhhs.gov/index.html
http://www.acf.hhs.gov/programs/region2/index.html
http://www.fms.treas.gov/faq/offsets_childsupport.html
http://www.govbenefits.gov/govbenefits_en.portal
http://www.fedstats.gov/qf/
http://www.fedworld.gov/gov-links.html
http://fatherhood.hhs.gov/pfs92/ch3.htm

SSI AND CHILD SUPPORT
http://www.ssa.gov/policy/docs/policybriefs/pb2004-02.html
http://www.ssa.gov/notices/supplemental-security-income/
http://family.findlaw.com/

FIND YOUR STATE REPS
http://www.usa.gov/
http://www.usa.gov/Agencies/State_and_Territories.shtml
http://www.nga.org
http://www.naag.org/attorneys_general.php

CHILD SUPPORT LIEN NETWORK
(some states work with them)
http://www.childsupportliens.com/

COLLECTORS
http://www.supportkids.com/
http://www.supportcollectors.com/faq.php
http://www.deadbeatdadfinders.com/
http://www.deadbeatdadfinders.com/links.html
http://www.childsupport-aces.org/index2.html
http://www.divorcesource.com/info/deadbeat/deadbeat.shtml

TAX INFO
http://www.taxsites.com/index.htm
http://www.divorceinfo.com/taxes.htm
http://www.irs.gov/taxtopics/tc354.html
http://www.irs.gov/taxtopics/tc422.html
http://www.irs.gov/faqs/faq4-5.html
http://www.irs.gov/localcontacts/index.html
http://www.irs.gov/advocate/index.html
http://www.irs.gov/publications/p525/index.html
http://www.fms.treas.gov/faq/offsets_childsupport.html
http://money.cnn.com/2007/02/14/pf/taxes/do_not_miss_tax_breaks/index.htm?postversion=2007021411

REPORT DEADBEATS
WORKING UNDER THE TABLE
(in writing, to your local and federal IRS offices)
http://www.irs.gov/localcontacts/index.html
http://www.irs.gov/compliance/enforcement/article/0,,id=106778,00.html

SEX OFFENDERS
http://www.mapsexoffenders.com/
http://www.scanusa.com/
http://www.nsopr.gov/
http://www.familywatchdog.us/Default.asp

Answer 2

This depends on the state that you are in. In CA a child support order is never the "final" order. It can be modified as needed so that the support order reflects (1) the amount of time the each of the parents spend with the child; (2) the income of the paying parent (this is the taxable income, not that take home, and it deducts certain required expenses - i.e. mandatory retirement accounts); (3) the number of dependents and their income (if it contributes to the household income); and (4) other extenuating circumstances (for instance - one year you won $10,000 in the lottery, but two years later it wouldn't be income in that year, so your income would be different).

Long story short - if he wants to be involved in the child's life he should insist on mediation (if that is used in your state) and then a hearing so that he can get some time with the child. You should get married, unless you make an extraordinary amount of money. And, it should be brought to the attention of the court that he will have a second child to support in June. If circumstances change, serve a motion on the mother and take her back to court to adjust the amount.

Lastly, insist on a paternity test, and fight paying back child support since he was told for the last three months that he was not the child's father.

Answer 3

Firstly I would like to state as far as child support goes, child support is a percentage, and those percentages are only accessible by a formula. Not only do they count gross (before taxes) income your fiancee receives, they will be looking at the mothers( or her family, meaning if she's married also) income as well. As far as later when you two are married and have the baby, they only look at income and children involved, how may children she may have and how many he( both of you ) have.
The child support system has been trying to make things more fair for the father.

You may try this website and choose a state to calculate those numbers.

I wish you luck.
http://www.alllaw.com/calculators/Childsupport/

Answer 4

Your fiancee is responsible to his first born child. The judge will base the amount of child support on what he makes. Does not matter how many others he has to support, the judge does not even care if your finacee can support himself. His priority is the first child born, then it goes from there. If it is to much for him to pay, the judge will say he should have thought of that first, and suggest he gets a second job. Now the tricky part is, if he gets a second job and makes alot more money, then the mother can take him back to court for an increase in child support .

Answer 5

Child support and custody are two different issues. Both have to be court ordered. Since your father was court ordered to pay child support to your mother, that's what he's doing. Since you mother was granted custody of you via another court order, you are living with her. If you want to live with your father, and your mother is not willing to allow you to do so, he would need to go back to court and petition that the original ruling giving your mother custody be overturned. In order for that to be successful, he would have to prove that living with your mother is a danger to your life and safety. So no, you saying you don't like your mom (as all children your age do sooner or later) is not going to make a judge overrule an existing custody order.

Answer 6

He will not be ordered to pay right away. Since paternity is contested, they will have to do blood tests to see if the child is his or not.

For the paternity part, you really shouldnt need a laywer... just contest it and ask for a blood test. If he is the father, he may have to pay for it.

You may need a lawyer for the actual court order part. Each state has its own laws set up for what amounts are awarded. Below are some links to them.

Answer 7

it depends on which state you live in ...Texas for instance simply goes by how much money he makes...20% for the first child etc...

The first thing is not to get on the Yahoo answers...go to a lawyer...and a good one...that's what they're there for!

Your lawyer should order a genetic paternity test.....this is simple and costs about $450-500....then if he is the father you can move on from there.....if he's not the Daddy...then go out and have a great dinner for you just saved a heck of a lot of money....

But first things first...GET TO A LAWYER...quickly...and don't let him sign any papers.

Check out the following website for help..

http://www.condomsbrasandstraightjackets.com/

GOod luck

Answer 8

Nope the FIRST child comes FIRST in the eyes of the law. Child support will be determined based upon his GROSS income. It's not the first child's fault that your fiance phucked around with you and you got pregnant. It doesn't matter that your fiance has more to take care of than he can handle he should have thought of that WAY back before he unzipped his pants and pulled down his drawers the FIRST time.

I don't see anywhere that anyone said he cheated on her with you. You are living with a man that you're not married to and you are pregnant with his child. He obviously has NO sense of responsiblity since quite OBVIOUSLY he has done this before...otherwise he wouldn't have gotten an order to show up for a DNA test

Answer 9

Oh wow...I can see by the age of this other baby that there are underlying issues, but to stick to the subject at hand...once paternity is determined, he'll have no choice but to pay for that child or surrender his rights.

Answer 10

yes the support will be lower because of his having one child and the fact that he may not be the father. just do the DNA thing. you'd be surrppized sometimes it happens and then he may not have to pay support.