my four year old's father, ramiro, is refusing to pay child support for our son. he is married, and was married at the time of our son's conception. i was also legally married at that time. he gave me voluntary child support, 200 dollars a month, for about a year only. i recently filed with the illinois dept. of human services to have his wages garnished, but when his wife received the notification papers in the mail she contacted an attourney, who just happens to be her older brother, and she in turn called me and told me that i am wasting my time because supposedly the law is that if you were legally married at the child's conception that the person that you were legally married to is the one responsible for the child, even though that is not his biological father...i am so confused! it is not fair that he will not pay child support for his son! if i was better off finacially, i'd be able to hire a lawyer to represent me, but i cannot afford it...what are my rights? should i pursue?
2007-10-24 08:14:02 · 3 answers · asked by M0MMiEOF4LiLB0YS 1 in Politics & Government ➔ Law & Ethics
we have done a paternity test in 2004 at the request of his wife. it was a non-court-admissable one. it obviously came out positive and the man still wont step up to the plate. he gives my son absolutely--NOTHING. no b-day present, x-mas present, not a red cent. this man also has 2 daughters from his marriage that he fully supports but he refuses my son.
2007-10-24 08:34:55 · update #1
Getting married doesn't eleviate the maternal father of their responsibility. The only thing that would eleviate the maternal father, is if your new husband were to officially adopt your kid as their own...in which case your ex would have to give up all rights to the child.
If you don't want to get a lawyer.... simple solution: Stop allowing visitation. When or if they take you to court, tell the judge that he was unwilling to help pay child support, therefore he doesn't deserve visitation. The judge will probably garnish his wages and declare that he have visitation rights.
2007-10-24 08:24:27 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Dear, she is lying to you to make you give up your fight for child support. Why do you think there are so many trashy paternity test talk shows? Because the biological father is responsible for child support, not the person you are/were married to!
You don't really need a lawyer to get child support--my mother got child support without a lawyer. You might be able to get a free consultation with a lawyer and maybe he/she can tell you what to do. That, or just google "Illinois child support process" and see what you need to do.
2007-10-24 08:29:53 · answer #2 · answered by SMS 5 · 0⤊ 0⤋
You will need an attorney. Since both of you were legally married to someone else at conception, it will be a fight. If a court makes the decision, a paternity test will be required.
2007-10-24 08:21:15 · answer #3 · answered by sensible_man 7 · 0⤊ 0⤋