The mother is telling that she got full custody. The father never received any subpoena/info.
2007-12-15 10:43:19 · 11 answers · asked by Karyl 1 in Politics & Government ➔ Law & Ethics
Thank you so much guys.
2007-12-15 10:58:31 · update #1
Chances are, if she got full custody, the judge will "award" her a percentage of his income as "child support."
Note to Crabby B,
I came home from the war and a year later, without ever letting on, SHE filed for divorce. She asked for a restraining order -- as a "combat vet." she felt her life would be in danger. It was granted. She asked for full custody of both our son and the family cat. I tried to contest but the "judge" informed me that because I'm both a man AND (now retired) in the military, that I'd make a lousy father. She was awarded just over 50% of my pay. Three months later, the cat had been put to sleep -- he reminded her of me AND she abandoned our son. It took me three years of fighting to get him back. And the "judge" was generous enough to "Give" me $100 a month in child support. I got about 1 year's worth.
I never spoke ill of her and when he turned 18 went to see her. Within 2 weeks, she was kicking him to the curb, saying that he's exactly like me. He now hates women and has little to no respect for them. I pray that he meets the right one and that attitude someday changes. I think I've more than met MY responsibility. And while I admit that I DID indeed make mistakes, I still feel I was a pretty good father. So please, don't lecture us about men and responsibility. There's plenty of blame to go 'round.
2007-12-15 10:48:14 · answer #1 · answered by Doc 7 · 4⤊ 2⤋
The father can contest if he was not served, etc, and she cannot prove that she tried according to the guidelines set by law regarding an absent parent.
Now, in answer to full custody/child support. Yes the father is still required to pay child support. Unless the parental rights of the father are fully taken away by the courts...Full custody of the mother does not count. No parental rights means that it is legally as if he is not the father. The only other way he is not required is if someone else adopts the child/children.
2007-12-15 10:49:55 · answer #2 · answered by Anonymous · 3⤊ 0⤋
No subpoena necessary, if he received notice via regular mail at his last known address. If he ignored the notice that is his problem, then the court rules without him.
Custody and child support are two different orders from the court. The mother MUST ask for child support, file a motion or petition for the court to act (order payment).
The father should document any child support payments and verify with the State Child Support agency. If he has no proof of child support payments, he is still liable and fines, liens against his property, garnished wages, by the State will result.
2007-12-15 13:08:15 · answer #3 · answered by alaskasourdoughman 3 · 1⤊ 0⤋
A court order will be on record at the court house so the father needs to go get a copy of it. It will cost 50cents a page possibly.
If he is under court order to pay then yes he will have to pay.
***I can not say this enough.***
ALWAYS DOCUMENT EVERYTHING and make every payment on time.
DOCUMENT ~ DOCUMENT ~ DOCUMENT everything!!!!!
Pay consistantly, on time each month. DO NOT GIVE CASH.
Always pay by money order or check and keep copies of the receipts, money order stub, and cleared checks of EVERYTHING YOU HAVE PAID.
***If you pay directly to ex then get a file and keep organized records of every child support payment.***
***Keep receipts of everything you buy your children because EVERYTHING you buy can be applied to your child support arrears***if there is any. Never say it was a gift ~especially if there are arrears.
If there are arrears then the x can file to get income tax refund so don't file jointly with your new spouse unless the tax company you use documents it so the irs does not take your new spouses part of the refund.
In some cases it it better to go through the child support enforcement office because it holds both sides accountable BUT if you ever get behind on a payment they will become the child support payee's enemy and no matter what your x is doing it will not matter because THEY WANT THE MONEY.
KEEP GOOD RECORDS on visits, children behaviors, phone calls, money, time spent and not spent together & etc.
The states look at child support and visitation as seperate so keep good records on both. You will thank me for this in years to come.
2007-12-18 02:29:50 · answer #4 · answered by Anonymous · 0⤊ 0⤋
what dad needs to do is seek worthy legal advice and get a lawyer because it sounds like mom is just saying that to mess with his mind. But better to be safe than sorry and hire someone to start legal procedures and do the research and yes unfortunately dad does have to pay child support wether mom has full custody or not. He has not signed over his parental rights which means he is still responsible for this child both morally and legally.
2007-12-15 10:53:46 · answer #5 · answered by gigglesdarbar 2 · 0⤊ 1⤋
Yes. Custody and child support are two different issues, and the father must pay the child support the court orders.
Some men try to link the two--or intimidate themother into agreeingto joint custiody in exchange for child support. These scumbags should look at themselves--that kind of attitude is WHY they couldn't cut it as fathers or husbands.
The bottom line: caring for the child is a responsibiity that doesn't end jsut because the man wnats to take the money and go parrty. If he didn't wnt to accept the responsibility, he shoud have joined a monastary, not gotten married.
2007-12-15 10:49:57 · answer #6 · answered by Anonymous · 3⤊ 2⤋
At the risk of stating the obvious, yes he does, she is the custodial parent. If he never recieved a soubpena then that is a separate legal issue he will need to pursue.
Until then the order for support is considered valid.
2007-12-15 10:56:42 · answer #7 · answered by Anonymous · 1⤊ 0⤋
Yes!!!! If the child is in the mothers care full custody he will still need to provide money to support the child because it is his child so yes he will need to.
2007-12-15 10:51:27 · answer #8 · answered by Anonymous · 1⤊ 0⤋
Respond to the mother by stating that of course, since he will be paying child support, your husband will also want visitation on weekends and holidays, a say in how his daughter is raised, and to be called "daddy" by the child. Also, child support in most states is determined by what the father earns, how many other children he is supporting and what the mother earns and how many children she is supporting. It may not be as bad as you think to pay child support.
2016-04-09 05:32:19 · answer #9 · answered by Tara 4 · 0⤊ 0⤋
Sounds like Dad needed a better lawyer.
2007-12-15 10:49:00 · answer #10 · answered by John 16 5 · 1⤊ 5⤋