Nooge
 
Reply Thu 27 Apr, 2017 10:20 pm
Hello, could someone out there help me understand how child support works?
I am raising a child I did not birth. We live in South Carolina. I am of no family relation to 'my son', nor do I have legal guardianship signed by a judge. I only have notarized temporary guardianship. I was suppose to adopt. Father changed his mind. I have raised this child since he was two and he is now six. His birth father visits him about every 2 to 3 months.

The birth father has two other children: A two year old in California, and an eleven month old in Kentucky. Currently he lives in KY with infant, infant's mother and her seven year old daughter.

The mother in California is pursuing child support.
How does this work?
Birth father does not contribute to my household often.
When he works, (cell tower climber), he makes $24.00 an hour and averages 50 hours a week.
He does not work consistently.
Often quits after 3 to 4 months.
I have no true legal claim to Riley.
Is there anything I could, or should do to protect Riley?
Does a judge see there are three children, all in different states and divide child support evenly?
As a non custodial parent, of no relation, nothing legal, can I file for child support, too?
I am unfamiliar with this topic, confused, and very concerned.

Also, if he misses court ordered child support is it automatic jail time?
Thank you kindly to anyone out there who might be able to educate me on how this works.
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Type: Question • Score: 1 • Views: 2,520 • Replies: 4
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tibbleinparadise
 
  1  
Reply Thu 27 Apr, 2017 11:09 pm
@Nooge,
Waaaaay to complicated for arm chair lawyers.

Not paying child support is not automatic jail time though. How long he can go without paying is dependent on the local child support enforcement agency and how aggressively they pursue.
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jespah
 
  2  
Reply Fri 28 Apr, 2017 07:21 am
@Nooge,
You need a lawyer. Please do not try to get this information off the internet as the various states make this extremely complicated.

Basically, you need a family lawyer, preferably one who is not only admitted in South Carolina but also has connections in KY and CA. A lawyer from a larger firm is more likely to have that than a sole practitioner. You want the lawyer to have contacts as someone may have to deliver a subpoena or go to a hearing in either of those states and if you can get a local person to do so, it will cost less.

You need this case to come in front of a judge and argue about the best interests of the child, as you have had custody of him for two-thirds of his life and you have also made an effort to get the boy to know his father.

However, you need to be paid support. The father has got to get his act in gear and work in order to do this. He helped bring three kids into the world; he should be helping to pay for their support. If the father has rights to your boy then the father should be paying toward his support. You can also work, if you prefer, to terminate the father's parental rights, but that would require his consent.

Bottom line: you still need an in-person lawyer to walk you through the various scenarios. Kudos to you for taking care of the boy when, frankly, you didn't have to. But he is entitled to financial support and that should be insisted upon.
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maxdancona
 
  2  
Reply Fri 28 Apr, 2017 07:32 am
@Nooge,
I agree. This definitely requires the advice of a lawyer.

Your relationship with the birth father isn't clear from your post. I am not even sure if the person you are calling "Father" is a different person than "birth father". A father is responsible to make child support payments for children he had a part in making. Generally courts take the father's income into account, but hopefully he is taking his responsibility seriously.

But the main point is, this requires a lawyer.

An initial consultation with a lawyer will generally cost around $100. You may be able to get legal aid... but be careful, legitimate lawyers cost real money. If you are being offered help for free or a cost that is too good to be true make sure it is a real non-profit group and not a con.

If you compare the cost of a lawyer with the legal costs from losing a child support claim... it is well worth the money.

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PUNKEY
 
  1  
Reply Sat 29 Apr, 2017 04:47 pm
Your error was not making this custody a legal issue from the get-go. A notarized note is hardly legal protection for this child. How would the court even know where this child was and if he has been provided for all these years? Father could say he was vacationing with you all these years. .

Now you want the courts to order child support.

You need a lawyer to sort this all out. If the birth fathers name is not on the birth certificate, it will be a real mess.
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