shoud she get back child support
@easymoney75503 (1702)
United States
February 14, 2010 11:51am CST
ok i know this guy that this is happening to and well he is not sure what to do. just wanted some of your thoughts on this and maybe if anyone has been through this or knows a person that has can give some advice for me to pass along. here it goes
16 and a half years ago a lady got pregnant and this guy asked her to marry him and wanted to be apart of the babies life etc. she told him it wasnt his that she cheated on him with her ex and that the child was for sure not his. he wasnt sure or not to believe her but he was young at the time too. he went to the hospital the day the kid was born and was told to leave and that it was not his child and the security took him out of there. when she went hiome with the kid he tried again and well again the police were called and he was told do not come back the child is not his and the baby even has the ex's last name. so he figued ok its really not mine. he went on with his life and got married had a child of his own and things are going just great. he gets served paperwork saying that he is being sued for child support and also back child support. they are going to start taking it out of his checks. to be in court in 5 days. well its in another state he cant get there. etc. the state also says if he wants dna done that is fine to call them or send in paerwork so he cakks and does that. they want him to go to that state and do the test as well. he cant. he has no way there. he has no car at this time. he doesnt have a drivers linces either. he cant pass the vision test for it lol. they said they dnt care be there on such and such date. now before they served him and he knew about this he quit his job cause of an injury that happened years ago he just couldnt handle the work that he was doing it hurt to bad. so he isnt working. the wife is though and he takes care of the kids. so when they figured his income and how much he should pay he was working and they were getting him for over 200.00 a month and plus back pay. now that he isnt working should they refigure off of no income or do they go off his wifes lol. if te child is his. should he have to pay back child support given the fact he tried and was denied all those years ago? this family cant afford a lawyer. they cant even get to that state. does he have any rights? can they garnish his wifes checks for this chiold support? is this really fair. i mean the birth certificate has another man on it.
2 people like this
3 responses
@brandy_wine (80)
• United States
17 Feb 10
i don't know what state this is happening in however i do know that this wouldn't pass in south carolina where i live. the woman of this child... can't file for back childsupport. if she wanted childsupport from him in the 1st place then she should of filed when the child was born. if the man doesn't show up to court then the court will set everything as if he was there. he needs to go. its a must do. plus you don't wantta get a bench warrent for not showing up to court. i think the best thing to do is for this man to get a lawyer. there are some out there that take payments. i wish him the best of luck... this stuff is stressful
@newtalent (1112)
• United States
15 Feb 10
When he got notified he should of gotten a 20 day to respond. He can get a birth certificate if he is listed as the father since he had to sign and show id to prove he is the father and who he says he is. When they deny him get a written statement of that fact. I do not know what state your but back child support in my state can only go back 2 years if it appeared that it is warranted. I would go into family court on the date that is stating because you do want a default judgment where he has to pay for medical expenses, back child support and anything else that this state will allow. I do not understand why he cannot do a DNA test from another state. They use the same facilities. Let the state choose it. I am not sure about garnishing the wife's check, i cannot see how it is possible and legal. I can see them establishing an amount based on both of their income or the minimum wage for a 40 hour week. He should go and get a Dr stating he has a disability if truly cannot work. OK they cannot assess him an amount unless they are stating he is the father with proof. Something is missing from this equation. They weren't married and he did sign birth certificate, how are they assuming he is the father and have him paying already? He has to go these hearings. In our state child support can be granted until they finish school (college) if they are still living at home and are not married because they are still considered dependents. I was shocked when I heard this from my friend because she is getting it. This guy would have never agreed to this. He wanted his money asap from the equity of the house when they got divorced or sell the house. Definitely seek legal advice. find a legal aid department. Something. Who knows the child may not be his at all.
@dmrone (746)
• United States
14 Feb 10
If he can get to the state this is taking place in, he can ask for a court appointed lawyer. Then he needs to make sure the mother produces a copy of the childs birth certificate, and make sure the judge sees that another man is listed as the father of this child. Than he needs to ask for a dna test. To prevent them from taking the money directly from his check he needs to try every possible way to get to this court hearing. No they cannot garnish his wifes checks, but they can and will take all of any income tax refund he may get.
