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I am moving away from where the FOB is, and wondering how filing for chld support from dif. state works. Does he HAVE to come to the hearings? How will he know I've filed? Paternity testing? What if he refuses? About how long does the process take? What are the biggest deciding factors on how much money is given each month?
I personally never imagined myself in a position quite like this. Thans for the help.

2007-12-23 02:52:18 · 4 answers · asked by c_a_s_h_f_l_o_w 1 in Family & Relationships Marriage & Divorce

4 answers

I went through this with my 8 month old. All I had to go was go to the local child support enforcement office and give them general information on the father. If you have his social that will help ALOT if not they will need his date of birth, location, and full name, a current employer will speed the process as well. He will be referred to the local office where he lives and doesn't have to go to the state you have moved to. He will be served papers by certified mail and if he doesnt sign for those,( Mine didn't!) they will serve a supena for court, if he misses that there will be a warrant issued.
All of this is dependent on him being DNA tested and proven the father, which in my case took 6 weeks for them to find him and another month to get the results. If he refuses the DNA he is named the father by default in the states of KY and TN. Check your local Child Support Office to see if that is the case in your state. For me he was VERY uncooperative and I just started receiving support when my child was 7 months old. The amount decided in my case was decided by the amount he makes. A certain percent was taken out for child support out of his check. From the time He is served until his first payment he is responsible for support, that means that your first few payments will be higher until his arrears have been paid. If it is a large amount you will get his tax return if any. I hope this helped I know its a long answer but this is a complicated situation!

2007-12-23 03:05:18 · answer #1 · answered by dreamsofanangel00 2 · 0 0

Basically, and the quickest way is to fle in the state you currently reside with the courts and have them do all the legal paperwork., otherwise you may have to meet the residency requirements before you cn file and still may have to return back to that state. If youve put his name as the father on the birth certificate then file against him and let him pay the cost to prove he isnt the father. Now if the courts are too backed up with cases this shouldnt take long. Each sate has a guidline that is handed down from the state legislature to follow in determining child support once awarded,each state is different but basically it depends on the income of father to mother and hopefully his is much larger. Average is around 600.00 a month but depends on factors and is usually garnished by the child support collection agency which then disperses the correct amount to you and will do so if you move. Now the father can take you back to court for a child support remodification hearing is current circumstances change like you get a job,etc. but not getting married and you can do the same if he gets a raise or inherits a large sum of money. He can temporary halt payments if he loses his job as long as he notifies the court, but the money still continues to accrue to be paid back ASAP and if he doesnt he could have a bench warrant issued for him for non support payments and could be arrested and put in jail to help him understand this. Most of all get the court work down before you move or you could very well regret it. Good luck and Happy Holidays

2007-12-23 11:15:25 · answer #2 · answered by Arthur W 7 · 0 0

Legally he has to be notified of everything.
You have to give his address to the courts.
Will he comply??? who knows
Will he be angry about your filings??? well most are.
If he refuses the courts can hold him in contempt.
Something you need to be aware of ~ it will all fall on you to get everything done.
The process can be done in 6 months or take longer.
In yahoo or google search put the state the court hearings will be in and Child Support Enforcement. It will come up with the state child support enforcement website. It should have a payment calculations page that will help you determine the approximate amount.

He will probably want visitation.

2007-12-24 09:09:50 · answer #3 · answered by BeautyQueen 4 · 0 0

I do believe you would have to make sure the court where the divorce decree was ordered by the judge would have to be informed. Call your local court liason and ask.

2007-12-23 11:24:50 · answer #4 · answered by BelieverinGod 5 · 0 0

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