Q: I was summoned to pay child support. How do they determine how much i pay? And if start paying will i get rights to
To see my child cause as now the mother of my child chooses when i get to see him which is a few times a year. If i start paying shoulsnt i have more rights than i do now. And how do ubtain those rights
A: If you were never married to the mother of your child, then in order for you to have any rights to the child, you would need to pursue a separate action for paternity. Until such action is pursued, the mother of the child, by default, has all the rights to the child and all the decision-making authority over the child. Please note, that if the Department of Revenue (the State) has commenced a child support action, that action does not address your time-sharing (custody) rights. That action will only result in having child support established. Child support is established based on the parents' gross monthly income, minus allowable deductions, the cost of day care, if any, and the cost of health insurance, if any. There could also be retroactive child support established that would be tagged on to the current child support. If you have proof of child support payments made during the last 24 months or since your separation from the mother (if that occurred less than 24 months ago), then you should be ready to present that documentation as well for credit. I truly urge you to consult with an attorney to pursue a paternity action right away. All the best.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.