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Child Support Issues

Discussion in 'Other Family Law Matters' started by ropedin, Apr 19, 2005.

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  1. ropedin

    ropedin Law Topic Starter New Member

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    [Child Support IssuesChild Support

    Hello, I have a couple of child support issues, to ask. I have received a child support order, from the court's in Orange County, California. I read somewhere, that the court's can not issue an order for child support, without a proof of fatherhood. I can't find this web page. Can the court assighn a dollar amount, without both of us taking a paternity test?

    Also a friend of mine, that pay's child support told me that they can't go after tour vehicle's for back payment's. Is this true?

    I had told my x girlfriend, when she first told me about this, that I could not afford a child right now, because of starting a small bussiness, and that I would pay for an abortion, and take care of her in recovery.But she opted to have a child. She is a 41 year old trust fund kid, with no responsibilitie's with the exception of a newborn. I on the other hand am struggling financially.

    Any help or advise on this matter, would be greatly appreciated. Thank you
     
  2. muggsyj

    muggsyj New Member

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    THIS IS NOT LEAGLE ADVICE!

    This is maybe not what you want to here. First of all, if you feel so strongly that this child dose not belong to you, take the paternity test. I am sure that will solve your fist question.

    If you find the test comes back and you are the father of this baby, it is your DUTY to support this child. Just because you are Struggling financially and would like to start a business, that will have to go on the back burner for a while. Lot's of us are Sruggling out here but still manage to stand by our responsibility's. You can't expect the state to help out and pay for your child, whilst you go off to make your fortunes in life!. The welfare system is put in place not for people like you, it is there for people who have had acts of missfortune. The law was put in place to track the likes of people like yourself who feel they do not and will not stand by there own responsibility's and would rather let the TAX payer pay for there mistakes.

    Try not to avoid the law because it will most definatly come back to haunt you.
    Lawyers are not put in place to give avoidance tactics, they are there to explain and interpretate the laws.


    Good luck.
     
  3. Duranie

    Duranie Moderator

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    You posted this on another website.

    Answer is the same: if the child is yours, you have to support it. If you feel support was calculated too high then you can file for an adjustment.

    If you want a DNA test to ensure the child is yours, then ask for it.
     
  4. Trasealoo

    Trasealoo New Member

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    child support, lifes unfair!

    first of all people please forgive me I am new here and dont know where to post or how to start a new one that is. I have a problem that no-one thus far has been able to help me with. I lost custody of my children for 2 years. In 2001 I got them back, full custody.
    I am now oweing 10,000 dollars of back pay child support that is taken out of my pay checks every pay day. I still have one child in the home as the others have grown, the last one married last year. my ex gets my money but doesnt send anything to me. I feel angry that the law gives him my money and doesnt care that my son and I live on a tight budget. That the man can look in the mirror each day is beyond me, since Ive gotten the kids back my accounts have been frozen, we lost a nice house rental due to this, my credit is bad, I cant even get my own car. This man goes out to eat every night and brags of waisting my hard earned money, as my son and I live a tight life and have needs. He hides from being served and brags that even if he is he knows ways to get out of paying. He says even if he does getserved it will be out of my jurisdiction? what ever! I just want balance and fairness! I need to make ends meet. any ideas? californian here! trasealoo61@aol.com
    maybee I should write the govenater (arnold)
     
  5. ropedin

    ropedin Law Topic Starter New Member

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    ropedin

    See, this is exactly what I am worried about. Someone getting an added source of revenues, to supplement thier income for 18 years. I feel for you. The law sucks! It should look closely at how much each person makes and take an accounting of how much is spent on the child and not personal needs. If you get any good advice let me know.
    ropedin
     
  6. invisivenus

    invisivenus New Member

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    First, in responce to ropedin "the law should look closely at how much each person makes and take an accounting of how much is spent on the child and not personal needs" well thats exactly what child support does.

    Second, offering to pay for an abortion does not put her in the wrong cuz she opted to have the child. you want a paterenity test then by all means go get one, you can even work it out with the court that childsupport be withheld untill you get your test. But let me assure you children arnt cheep and unless she impregnated herself why should she be the only one responsible? i grew up in a single parent house hold and watched my mom strugle everyday and give up her dreams and things she wanted because my father didnt feel he could afford to help out. this was before we had all these childsupport laws that we have today, like if you dont pay you could be arrested, you can lose eligibility to renew your drivers license, and the money can be garneshed from what ever pay checks you do make.

    Weather or not she has a trust fund shouldnt be an issue if that is your baby. if it is and you dont want to pay child support then waive cusdty rights, sign the child over to her and ask that your name not be put on the birth certificit. Some states will allow you to do this and no longer require child support, others will still require it however.

    My personal NON LEGAL advise would be to go to court, get something worked out based on your income, after getting the results of a paternety test. you do have that right to demand one before paying anything. but if it is your child make sure you pay something because and attempt to pay is consedered paying.

    Whatever you do, dont rely on tax payers to do your job...its bad enough the amount we pay in taxes but were not able to see returned to because of people who feel they should have us take care of there problems, dont make that amount of money higher.
     
  7. Allie_in_Callie

    Allie_in_Callie New Member

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    We live in OC too!!!

    My Husband and I are going through "disestablishing paternity" right now!!! First, if you have been served with a complaint...answer it.....don't let it go. The court can and will establish you as the father if you don't respond and then they will go after your wages, all of your bank accounts, if you own a home they will put a lien on it, tax returns. I do know that if you contest that the child is not yours - before they will garnish any of your wages they must perform a paternity test (whatever you do, get this done - 30% of men are falsely accused and 79% are sub-served with the court documents)...you can always go the "Court Facillator" they can help you with all of the paperwork - it is free legal help. Don't take the woman's word that you are the father....my husband did 12 years ago and NOW we find out she is not his child... don't make the same mistake!!!! Let us know how is goes.
     

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