Question regarding child support and visitation?

Question

My sister just ended a 6 year relationship with her boyfriend and father of her two boys.

At first she thought the two of them would just agree to a "set amount" for child support and visitation. We finally got her to make an appt with my atty after telling her that she needs to at least see what her rights are and that it's best to have it all done through the legal system - now I'm just hoping she'll keep it.

What I'm looking for are any convincing arguements - perhaps personal experience or people you know - that will help us convince her that she's doing the right thing in consulting an atty to have this done.

Some background: He claims she's abused the kids and will make claims that she's crazy, etc. She knows that he been into drug use. So far it's been a week, and he has yet to hold any agreement they've made regarding when he gets to see the kids and all of us know that he'll want to claim one (if not both) boys at the end of the

Answer 1

My son is now 14. When he was first born the court's ordered 140.00 a month plus health care. The father was making about 7 an hr. The father got a much better job making 22 an hr. I never took him back to court because by our agreement, he would help me when needed. When my son was 5 yrs. old he gave me 5000.00. at once. A couple of years later he gave me 1200.00 0ver three payments. Now, the boy is 14..he hasn't gave me a thing in 2 years, and has become very difficult. His mood changed because of a woman he's been seeing. I'm in the process of going to court, which takes a couple of months. At first, I thought I was doing it in the "friendly" way. I now realize it was the stupid way. I had a serious car accident and wasn't able to work for 3 yrs., and was basically to ill to take on the challenge of court issues art the time. I regret it everyday, I'm looking at my son right now, whom has his glasses broken. I can't fix them for another week. Things change in people's lives, and you never know until you are there. If done the legal way it's best for the child in the end. It protects them. I regret it so much. /by the y, he would have been paying alot more than 5k a year, rather than 7k over 11 years. Good luck convincing your sister. It's important. She doesn't know what tomorrow looks like.

Answer 2

I have been a paralegal for 10 years, 5 of which were in family law. She does need to keep the attorney appointment. Accusations of abuse, drugs, etc., are very common in custody disputes. Most of the time, the parties can either reach an agreement (when they see the mounting legal bills) or a judge will order drug tests, psychological evaluations, etc., to assist in making a decision. But definitely, she should not try to do this on her own. It's important to have a piece of paper on record which sets down the child support and visitation.

Answer 3

Here is the best argument, if it isnt done through and attorney and signed by a judge, then he can walk away and pay her no child support and there isnt a thing she can do about it. Once the court orders child support, then the state will help enforce it and she will be able to garnish his wages or take his tax returns to pay the support. A judge is not going to care what he claims she has done or what she claims he has done, the only thing the judge will look at is proof of their claims. If either of them has a criminal record, he will take that into consideration. Otherwise, most judges will give custody to the mother and give visitation to the father.

Answer 4

It is legal responsibility for both parents to support the children.

He will be required to pay her $$ based on both of their incomes. However, unless he is deemed unfit, he will also be given some visitation.

If she doesn't do it through the legal system, then nothing is guaranteed. If they do it out of court, they can basically blackmail each other because one has the kids and one owes the other. However, he could start to say "i'm not giving any money until i see my kids more." Eventually he will just ask for the kids more and more, and not gie anything up. Then theres nothing she can do. If she does it legally, they both have to follow the rules, and if not one can take the other to court.

Answer 5

whoever has the child for more than 6 months of the year gets to claim the child on their taxes thats the law, she should get something set by the courts for many reason one being what if he decides to get a hair across his a** one day and try to keep the kids from her if there is no court order he can do this legally and there is no way to get them back until she goes to court. She doesnt have to make compromises with him he should pay was is required by the income guidelines not what he wants to, tell her good luck!

Answer 6

Well, if they are amicable, I would say there is no need to involve attorneys. My ex-husband and I got divorced ~ 4 kids and property and we worked all the details out between the two of us. I used an online calculator to determine support and alimony. Perhaps if either of us felt we were getting screwed over, there would have been the need for legal help. Also, he didn't want custody.......I practically had to shove the visitation down his throat...I guess that answers the question of WHY we are no longer together - lol.

If there is a possibility that he will sue for full custody (usually to avoid paying support) and he has grounds for doing so, i.e. the drug use and neglect accusations, then she definitely needs to protect herself and listen to you.

Answer 7

Always, always make it legal. That way it's in the record and there can be no misunderstanding.

The boys are his. He had the fun of creating them, now he should have the responsibility of supporting them. Hire an attorney and do what he/she says.

Answer 8

she needs an attorney. whatever he claims he will say will be taken into consideration in court. maybe counselor meeting with kids..ya just dont know until you appear. she needs an attorney. she didnt marry...that she did wrong. at least do this part right. a new start. peace

Answer 9

The same thing happen to my sister and most of his accusations were true. However, the courts still gave her a chance to be a mother to her children.

Answer 10

I stay in Ohio and took 2 of my cousins to advance both father and mother were ordered to pay toddler help even earlier visitation became even delivered up. the daddy paid his help and became by no potential overdue. the mother became ordered to pay $50.00 a month and by no potential made a fee. After about 3 years of having the lads she determined she needed visitation and because she refused to pay the small quantity of kid help she became ordered to pay she became denied her visitations. in reality on the listening to the decide even delivered up that it took funds to advance her little ones and by her no longer making her funds confirmed she became an irresponsible verify and confirmed a lack of activity in her little ones.