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...
Maureen Martin Caster's answer Send the name and address of your new employer to the Friend of the Court (you are required to do so within 30 days of changing employment). The FOC will do a new income withholding for the new employer. However, there will be a delay in getting the new order going and so money won't be coming out of your check right away. You may wish to make a direct payment to FOC so you don't get in an arrears situation.
Maureen Martin Caster's answer Each time his parenting time is refused, he needs to file a complaint with the Friend of the Court. He should also file a motion for an actual parenting time schedule so he knows which days are his. You can't just "sign off" parental rights. This is only done in two circumstances.
Maureen Martin Caster's answer He is obligated to pay child support no matter where he lives as long as there is a court order. You need to let your Friend of the Court know where he is living now so they can proceed to collect it.
John Joseph Rizzo III's answer I do not think that the state trying to get reimbursement from him for the assistance you received gives him any legal rights to the children. He could file a paternity action to get rights to the child that is his, but if he has not done that and he is not on the birth certificate, I do not see how he currently would have any rights.
Maureen Martin Caster's answer When child support is calculated the number of children each party has is one factor they use. He should file a motion in the first case asking that the support be re-calculated based on a change of circumstances.
Maureen Martin Caster's answer That question can't really be answered here as there are many factors that go into setting the child support such as income, tax deductions, medical. You would need to go to an attorney and discuss this.
Brent T. Geers' answer Termination of parental rights - voluntarily or by trial - ends the parent-child relationship. Unfortunately, there is likely nothing any attorney can do for your boyfriend at this point.
Maureen Martin Caster's answer When determining if custody should be changed, the judge must address the Best Interest of the Child. This is a series of questions set out by the courts to help the judge make the determination. Support is only one of those factors.
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.