Brent T. Geers' answer By your question, I assume you believe this person is the father of a child. First step is to file a paternity case in the county you live in indicating that you believe this person is the biological father. He will then have the opportunity to affirm or deny that allegation. If he denies it, the court may order him to take a DNA test OR he would be presumed to be the father.
Brent T. Geers' answer If the Friend of Court is already accounting for your arrearages in the amount they are taking from your paycheck, then I think you'll be okay opening an account. Just know that at anytime, they could garnish it when you don't pay as agreed.
Brent T. Geers' answer You rightly identified the Catch 22 here. It wouldn't hurt for you to run the numbers of the online child support calculator to see how things might change just to be sure. But as you appear to realize, when you ask to recalculate support, it can go up or down.
Brent T. Geers' answer Interesting question. If he were to be locked up on an adult charge, I would think at the very least, the Friend of the Court would need to weigh in as to whom and how much support is owed. It would not surprise me if both parents ended up sharing a child support obligation that would go directly to the state for reimbursement of his incarceration expenses. I'm sure a situation like this has come up before, but I've just never ran across it as an issue.
Brent T. Geers' answer If you are ordered to pay child support, you are, most likely, determined to be the legal father of a child. With that comes the right to pursue custody and parenting time. However, that is on you to pursue and is not automatically given just because you are determined to be a legal father to a child.
Brent T. Geers' answer Sounds like there is some family dynamic issues going on that you should discuss with your mom. Aside from that, your mom is well within her right to take the phone away. Her house, her rules. If you are 18, or something like this happens after you turn 18, you could take the phone, leave, and find your own place to live.
Brent T. Geers' answer It's possible, especially if the child is not receiving state assistance. If there is state assistance involved, there will be a guidelines child support order in place to reimburse the state. That would be enforced by the state and neither of you would have a say in that.
Daniel Hilf's answer A lot depends upon his Judge, your brother's prior record, and his sentencing guidelines. In most cases, the Court is more interested in payment. If the Court imposes a probationary sentence, they have an opportunity to hold jail or prison over his head if he does not make payments. He should hire a lawyer to help him, if he has not done so already.
Brent T. Geers' answer It really depends on a number of factors, but most importantly whether the state provides any support for the mother or baby (doesn't sound like it does as they both work). Your son, though, should seek some local legal advice about this situation as there may be-as crazy as it sounds-very valid reasons for why he should seek a support order.
Brent T. Geers' answer You should look on the Uniform Child Support Order for any particular provisions, but generally if he is still in high school, you'll continue support until he graduates or turns 19 1/2 years old. It makes no difference whether you've seen him.
Brent T. Geers' answer You cannot simply sign off on parental rights. Particularly when there is not another person willing and able to step up (as is often the case is what is called a step parent adoption). Even when you can sign off, existing arrearages remain due and owing.
Brent T. Geers' answer I can understand the frustration, but what's not clear in the question is what harm has occurred. It doesn't sound like the FOC is holding these late payments against him, and presumably the mother is receiving a check every month or whatever. Certainly, your son is doing what he's supposed to do, and should not be faulted for his employer's actions—which it sounds like he isn't be faulted by anyone. I am unaware of any laws that would force an action on the employer other than they have a...
Maureen Martin Caster's answer It depends on when the child support became due. If it was while the Friend of the Court was involved, you need to contact your caseworker and discuss what they will do to collect it. If it was after an order was entered but you were not utilizing the Friend of the Court for collection, you will need to seek enforcement on your own.
Brent T. Geers' answer Child support, custody, and parenting time all all separate issues for a court to decide absent an agreement between the parties. If your brother is determined to be the child's legal father, and he makes efforts to be involved in the child's life, then he will likely at least be entitled to parenting time. However, and unfortunately, he may need to take initiative on this one. If he does nothing, then it's certainly possible for him to end up paying child support with no enforceable parenting...
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