Money hungry ex.

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ladylove32

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I wanted to know if you have a recorded verbal agreement with the mother of your child & social services stating that the mother did not want any support from you what so ever will that hold up in court or can they file 9 years later and still push for back child support? As well as deny you visitation and verbal contact with your paternity proven child? Even when you have been providing for your child the entire time and giving mom money in hand each week?
 
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Retroactive support can be ordered by a court. It is unlikely they would go back that far. The court uses the "best interest of the child" standard when determining retroactive support. Visitation is a separate issue as is sole or joint custody.
 
Okay with that being said can we get our lawyer to subpoena the recording with social services where original statement was made and it be beneficial? I mean we have offered to keep her since mom can barely stay a float with support as is and not charge a penny which she threw a fit about and hasn't let us see her since then. Week before Father's day :(
 
It is unlikely they kept a recording for 9 years. Even if they did, the court could elect to ignore it or honor it. Usually they only go back to the date support was filed for.
 
Hang on a sec.

There exists an agreement where Mom and.."social services" ... agreed that Mom never wanted support?

That is going to be absolutely worthless - legally, neither parent can waive the child's right to be supported.

Why was this done anyway? What triggered it? Why hasn't Dad filed with child support himself, or filed for an enforceable visitation schedule?

Does he owe the State?
 
Missouri

Hang on a sec.

There exists an agreement where Mom and.."social services" ... agreed that Mom never wanted support?

That is going to be absolutely worthless - legally, neither parent can waive the child's right to be supported.

Why was this done anyway? What triggered it? Why hasn't Dad filed with child support himself, or filed for an enforceable visitation schedule?

Does he owe the State?

Yes there is an existing agreement . In 2008 mom filed for cash assistance ie child care, tanif, ect. Division of social services filed against my husband with out informing mom or him about it. When we received information mom and my husband contacted social services and mom informed them that she did not want court ordered child support because my husband and I have always paid her cash or check in hand every week for support of child. Social services made them repeat everything over a recorded phone call with all parties on the line. I think they even made mom send in a written statement waiving court ordered support. My husband and I have never had issue supporting his daughter we have even talked about filing for full custody since she is all of a sudden having issues supporting my husband's daughter now that she has had another child and gotten married in the last 2 years and is withholding visitation until she receives money /cash in hand and gets her just within the last 2 weeks court ordered child support. ( <---my opinion is child abuse but not sure if it is legally since there isn't established custody set yet). No my husband doesn't owe the state a single penny besides what they take from his check each week for taxes.They did this because neither one of them wanted my husband to end up in system for support in case of him becoming injured or losing his job for any amount of time and it causing bigger issues for all parties involved. Which she watched happen to her farther growing up. Before my husband and I were married we had the same thing happen to us prior to 2008 with DSS and we had to do the exact same steps except I volunteered giving a written statement because he did anything and everything for all 3 children. Our 2 plus his daughter whom I've been around and helping raise since she was 4.5 mos old when mom just up and left in the middle of the work day with. (Figured I should include a little background information to help better understand).
 
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I'm trying to be very kind here, okay? Let your husband take over. You're getting a bit too mired down with his business. There is also no child abuse here and I think you know that.

Now that's out of the way, onto the matter of the phone call. You're misinterpreting things; this was not an agreement stating Mom could never file for child support in the future. What actually happened was that Mom agreed that at that time she wasn't going to open a case with CSE. She didn't waive any future support (that state will not allow that - ever).

If she wants to open a case, the state cannot stop her from doing that, just as the state will not allow parents to waive a child's future support.
 
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