few questions??....My ex is an alcoholic but is in denial. We have a 5 month old...not married or together. I am not denying him seeing her, but just taking her. Not unless he gets help. If we go to court, will they be fair, or just see it as he gets come custody mo matter what? Since she has been born he has not spent more than a few hours with her at a time. He would rather be at the bar. He is refusing to give me any more money also, and I have no income since I did not go back to my job, when he said he would help out. Any advice? Does child support go by their income?
2007-03-07 02:55:18 · 9 answers · asked by T 2 in Family & Relationships ➔ Marriage & Divorce
Child support is generally based on the non custodial parents income, but I believe there is at least a base amount. When going to court take all the proof you have of him not spending time with the baby (document everything, times dates etc). Since you were not married when she was born then you are the custodial parent, he may get court ordered visitation but you can request that it be supervised until he gets help for his drinking.
States are different when it comes to overnight visitation for infants. I live in OK and the state will not order a child under the age of 2 stay at the non-custodial parents house unless it is agreed upon by both parents. After 2 years of age, her father could get the every other weekend type visitation.
2007-03-07 03:00:38 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Unless your baby's father has been busted or has something bad on his record, the courts will likely give him visitation. It's too bad that he doesn't know what he's missing.
As far a child support, it is generally determined by income.
If he's doing anything shady or illegal, write it down. If you're concerned about him getting the baby, document everything. It could come in handy. I hope the courts are made aware of his alcohol problem. Your daughter doesn't need to be exposed to that. If he EVER picks her up and you can smell alcohol on his breath, refuse to let him take her. She's counting on you to protect her. Good luck.
2007-03-07 03:01:30 · answer #2 · answered by katydid 7 · 0⤊ 0⤋
You did not marry. Is his name on the birth certificate? If you were smart and DID NOT put his name on the birth certificate..you are free and clear unless he goes threw paternity test which doesn't sound likely. If you put his name on the birth certificate, he can get visitation rights. Since he is an alcoholic you can state so and request supervised vistation by the court. The judge can order child support and yes, its based on a % of their income. Doesn't mean he will pay it though.
Sounds like you may need to consult a lawyer
2007-03-07 03:38:33 · answer #3 · answered by Anonymous · 0⤊ 0⤋
The courts will settle all of the issues you have raised including child support, visitation rights, or custodial issues. Not sure if these issues apply since you guys aren't married, but you need to get some assistance from a lawyer.
2007-03-07 03:02:04 · answer #4 · answered by ? 3 · 0⤊ 0⤋
Yes the courts will be fair. If he has an alcohol problem, they will allow him supervised visits. Yes, child support is based on their income. Good luck.
2007-03-07 03:00:15 · answer #5 · answered by QT 5 · 0⤊ 0⤋
go file for custody. they will be fair and get a public defender if you can't get anyone to help you with a lawyer. keep records of everything. see if you can get some of your friends to log his time at the bar and how much he drinks. you don't want to put your child in danger. they will figure that out in support court. they will make him get a job and pay you or he goes to jail.
2007-03-07 03:19:16 · answer #6 · answered by cowgirlclub 4 · 0⤊ 0⤋
you can ask for supervised visitation if there is reason to believe he is unable to be a safe parent while in his custody. being an alcoholic does not mean he will be unfit or put her in danger. let the courts handle child support issues. they will garnish his wages based on his income and yours. without being employed they will base your income on minimum wage which you are capable of making.
2007-03-07 03:02:03 · answer #7 · answered by jezbnme 6 · 0⤊ 0⤋
yes, child support goes by their income. If you can prove he also has other assets, they will go by those also.
If he's always at the bar, i don't think you will have to worry about him wanting more or if any visitation. He will probably fight you for it, once you raise the child and have it potty trained, and able to dress themself.
Drunks only fight for their kids when they think it looks good to others. Right now, a baby is usually a mothers place to handle the early stages. men, ones who are drunks, don't give a hoot.
2007-03-07 03:01:02 · answer #8 · answered by peggin_beast 6 · 0⤊ 0⤋
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2016-10-17 10:51:02 · answer #9 · answered by ? 4 · 0⤊ 0⤋