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child support and father rights

 
 
bmsmom
 
Reply Fri 21 Jan, 2005 02:24 pm
Well there is a long story behind all of this but basically I have a 19month old and a 4 month old and there father is a real loser. When my little boy was 6 months old i finally decided to take him to court and he agree to pay 300.00 a month. Needless to say he didnt ever pay it. Being still in love with him and still believing all his lies I got pregnat with my daughter now his child support went up to 475.00 and I put ristrictions on his visitations. Due to his Wife whom he has had this whole time telling me they were separate....divorced. (yeah) and a drug problem.
He recently call and said he wanted to give up his rights, I want him out of my life so that would be a dream come true but finally I think he sould have to help. I struggling to make it now and Maybe one day the law will finally pay off. But I was wondering if he signed over his rights if I would be able to get anymore help than I am now. Any type of assistance I try to get says I make too much money 316 a week (OK) with two kids I dont think so. Any advise, comments or Ideas would help. Thanks
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Type: Discussion • Score: 1 • Views: 4,013 • Replies: 29
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boomerang
 
  1  
Reply Fri 21 Jan, 2005 05:03 pm
Okay. So this cheating on his wife, lying to you, drug using, sperm donor doesn't want to support his kids?

Is that right?

You've made a few unfortunate decsions already, letting him off of the hook for helping to support the children that you two had together would be another unfortunate decsion.

If you apply for assistance the state will first go after him for unpaid child support. And it should. Why should Texas taxpayer's pick up his responsiblities? The way the state looks at it you make slightly over $1,500.00 each month (your job plus his child support).

I typically pretty liberal about social policy - like providing financial assistance to families - but deadbeat parents make my blood boil.
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bmsmom
 
  1  
Reply Mon 24 Jan, 2005 08:03 am
child support and fathers rights
Yeah basically. I have applied for goverment assistance and they all tell me I make too much money. Go Figure. Mad Thank you for your response.
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bmsmom
 
  1  
Reply Thu 27 Jan, 2005 12:17 pm
all of this may seam to be a little messy but i really need some advise. I dont know if i should let him sign over his rights or let him have to pay. the problem is he is not the one having to pay, the children and i are.
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FreeDuck
 
  1  
Reply Thu 27 Jan, 2005 12:26 pm
Even if he signs over his rights he will still have to pay child support. He's either not paying because he doesn't have the money or because he doesn't think he should have to. Either way, I would make sure that the court knows he's not paying and let them take it from there.
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eoe
 
  1  
Reply Thu 27 Jan, 2005 12:28 pm
You may be better off being done with him and going it alone. It's tough, tougher than tough, but you have to do it for your kids and yourself. Any family to help?
Why does he want to sign away his rights? How will that benefit him?
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Crazielady420
 
  1  
Reply Thu 27 Jan, 2005 12:32 pm
I know that if you take him to court they might have his work automatically take the money out of his checks each week and send them to you in the mail... that what my "fathers" company did with him because of court order, so he HAD to pay.
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eoe
 
  1  
Reply Thu 27 Jan, 2005 12:46 pm
Somehow, I thought he was just a druggie. Does this man WORK? If so, I'd have the law on his ass ASAP. You'll have to get in line, of course. Lots of women in your shoes but MAKE HIM PAY! The courts will garnish his check and there will be nothing that he can do about it. Do not let him off the hook.
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Noddy24
 
  1  
Reply Thu 27 Jan, 2005 01:55 pm
Have you informed the courts that he is not paying child support?

Is he working?

Notify the courts immediately--there is a good chance Uncle Sam will take his income tax return and send it to you--if you inform the court.

I very much doubt that he would be allowed to sign off on his parental rights. Under the law, his kids deserve his money.

Good luck.
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bmsmom
 
  1  
Reply Thu 27 Jan, 2005 04:56 pm
HE DOES NOT HAVE A JOB and he has one other biological child and two of his wifes whom he adopted. Plus my two. Thats just it I have notified the attorney generals office. Since he will not work they cant take his money. I heard that they would take his wifes income tax return is that true.
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Noddy24
 
  1  
Reply Thu 27 Jan, 2005 04:59 pm
I am not a lawyer.

My understanding is that in some states all incomes in a household are considered when settling the amount of child support that any member of that household would be forced to pay.

Have you made a formal complaint? You see, legally, he's responsible for contributing to the support of his offspring. The judge can tell him to get a job--or be in contempt of court.
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bmsmom
 
  1  
Reply Thu 27 Jan, 2005 05:00 pm
eoe

he think if he sign over his rights than she will forget about him having two other children and will be happy, but she had a child with another man the last time they split up. My children are not thier problem. They had problems long before my children or I came along.
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Ticomaya
 
  1  
Reply Thu 27 Jan, 2005 05:18 pm
If he is under a court order to pay child support, and is refusing to do so and is wilfully unemployed, Noddy is correct ... the court can order him to gain employment. His failure to do so should constitute indirect contempt of court. The Attorney General's office (if they are charged with the support enforcement in Texas) should proceed against this "man" immediately. You need to make a written request, using whatever process is in place. I stress: MAKE A WRITTEN REQUEST.

I don't know specifically about Texas law, but I'd be surprised if the court would consider the "household" income of the non-custodial parent, and instead should just impute an income to him.

If he signs over "parental rights," if that is permitted in Texas, he will still be legally responsible for the support of your children.
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Alicia
 
  1  
Reply Wed 23 Feb, 2005 02:59 pm
hey, i know I'm only 16 and i don't have any children. But I have a dead beat father.. When I was born he was in the navy so they paid the child support... when i was 5 he was dismissed...so from then on we never saw a dime..He tried to be buddy buddy with me but that was to gain control so Id live with him and he'd make my mom pay... Rolling Eyes loser...but any way...I hate the fact that he doesn't pay... my mom doesn't have the best of health and it would really help a lot.. my mom has had two kids by two men..my little sister is almost 12 and her father doesn't talk or pay for her either just like mine so its really hard on my mom... When I find out where he is exactly and get the nerve i'll make him pay every thing he owes..If i get the guts Confused ...well I'm gonna go now.. thanks bye
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Noddy24
 
  1  
Reply Thu 24 Feb, 2005 03:26 pm
Alicia--

Best of luck to you and your mother--and welcome to A2K. I hope you stick around.
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Lady J
 
  1  
Reply Thu 24 Feb, 2005 06:22 pm
bmsmom....Ticomaya and Noddy are absolutely correct in their advice to you. A parent MAY sign away his or her parental rights but that does NOT let them off the hook for supporting that child. It simply means that YOU are the one who has sole legal and physical custody of that child and he has absolutely NO say in how you raise that child or children of his.

You mentioned looking into getting assistance....I am assuming (and correct me if I am wrong) that you mean, medical, health, welfare type of assistance. That is NOT as far as you have to go. Call your local District Attorney's office and find out specifically if they have a Child Support Division regarding child support payments that you are NOT getting from your children's biological father. If they have such a division, and I am pretty certain they do, they will open a case for you on your behalf. In my state (California) this all done at NO cost to you, including all court representations if need be. They may actually require paternity tests to see if "dad" is the biological father and if the court orders this, he must comply or be found in contempt and possibly end up behind bars, where they will then take blood and determine paternity.

If he is found to be the biological father, there are guideline amounts of child support that he is required to pay no matter what. It may not be as quickly as you would like it to be, in fact it could take years to actually see any of the money owed to you for support of his children, but I will say, the DA Child Support Division is VERY diligent and they do not give up. They will track him and trace him and follow him to other jurisdictions in other states if need be and anytime he shows up as having a job someplace, the will attach his wages or intercept tax returns.

I know this by experience, not just heresy. It took over 4 years before I started to see the arrearages of child support that my ex had decided not to pay. He is in another state and they tracked him down and attached his wages. Every two weeks now I get a small check and at this rate, I feel he will probably be paying me until he dies.

His obligation to support HIS children is NOT an option for him. Please contact your local County District Attorney's office as soon as possible so they can get a case working for you.

Take care of those babies, girl and let the right agencies go after him.
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Alicia
 
  1  
Reply Thu 24 Feb, 2005 09:10 pm
ya thanks noddy24..and i will prolly stick around..every so often.. Very Happy
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Montana
 
  1  
Reply Fri 25 Feb, 2005 04:07 am
Take him to court! The courts will make him get a job or they will throw him in jail. He cannot sign over his right unless another party is willing to adopt your children, even if you agree to it.

Boy, does this loser sound just like my ex!
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bmsmom
 
  1  
Reply Mon 28 Feb, 2005 12:54 pm
child support and prental rights
Well we were court order to attend court on the 24th of Feb. but he told the court that he had hired an attorney and that he was not able to be there but that he would like a cont.. Well they gave it to him and i go back to court on the 24th of march. I am just so tired of this hagging over my head. I would rather just get him out of my life and away from my children with his instability and drug problems I dont want him to be around my children. I want to make him pay and hold him accountable for his actions, but I wonder if the risk is worth it. I know he hasnt had anything to do with them so far so i shouldnt worry but if he gets a wild hair and trys to pick them up on his weekend I have to let them go.
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Lady J
 
  1  
Reply Mon 28 Feb, 2005 01:43 pm
And this is the same man who said he wants to just sign away his parental rights? Are you saying now that he WANTS to have visitation with his kids? I'm confused. Have you contacted your District Attorney's Child Support Division to help YOU out on legal counsel? Do so NOW, please.....

And hang tough, girl....be strong and don't get taken for a ride just because he has an attorney. Call the Child Support Division NOW! You will be very glad you did.....
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