Brent T. Geers' answer The obligation to inform the Friend of the Court is with you. It does not matter that they found out through other means. Technically, the notice you're required to provide indicates that not only are you incarcerated, but that you also have no ability to pay. While rare, there are people incarcerated but with the ability to pay, and so incarceration alone does not automatically do anything. Not saying it's fair, but it is the way it is. You will quite likely need to enter a repayment agreement...
Brent T. Geers' answer That is not identity theft. The mother identified you as the father. Identity theft would be if she identified a man as the father, and that man went to court saying that he was you and provided them with all your information.
Brent T. Geers' answer Under your set of facts (e.g. no state funds involved), a judge would likely go along with the settlement agreement. Judges, though, have an obligation to ensure that even an agreement is fair and equitable to both sides. It sounds like yours is.
Brent T. Geers' answer The obligation to financially support a child is independent of the right to have a parental relationship with the child through custody and parenting time. Child support is quite bluntly, a formula; you plug in some numbers and out comes a payment amount. All things being equal, the best, most involved parent pays the same amount as the parent who does nothing.
Custody and parenting time incorporate a whole host of other factors to determine what is in the child's best interest. Just...
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.
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