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Child support

Discussion in 'Child Support' started by Dml45, May 2, 2017.

  1. Dml45

    Dml45 Law Topic Starter New Member

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    Jurisdiction:
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    I just need to know my best option, I have two kids I pay child support for already and now I have new baby and me the mother has split up. But we have a vehicle in both our names. Wondering what I would be liable for. And wanting to know just how much I would have to pay her in child support, I will provide all details if someone could help me with this. I just don't know wether to try and settle outside of court or go to court. With what she offered
     
    paulrmarcus likes this.
  2. army judge

    army judge Super Moderator

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    You can't settle outside of court.
    If you do, all of that money will be considered gifts, and you'll still owe child support.
    Child support must always be done by using a court order.

    This agency in your state will assist you in getting child support court ordered for your new child.
    However, you'll also need a DNA test. They will help you obtain all of that. If you aren't the father, it costs you NOTHING:
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    This is a FREE child support calculator, you can use it to determine ABOUT how much more this will cost you:
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    Free West Virginia Child Support Calculator
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  3. army judge

    army judge Super Moderator

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    I hope you did DNA testing on the other two children, if you weren't married when they were born.
    If you are paying someone child support without a court order, that's a bad move.
    ALL of that money is considered gifts.

    ALWAYS get DNA testing to prove paternity, unless you and the mother were legally married at the time of birth.
     
  4. Dml45

    Dml45 Law Topic Starter New Member

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    I was marrried before with the two. And already had a DNA test with new baby, I pay 800 a month for the other two but when I use the calculator it shows I will have to pay the new one 600 a month, and what about the car that's in both our names, is there any way they could make me pay a car payment on top of child support. I gross around 5600 a month according to pay checks, I don't know how all this factors in. I talked to one lawyer on the phone and he said that we could settle out of court but have it all wrote up and notarized and keep account of all payments. What do you think. She was willing to settle for 430 a month before. Just don't know what to do here.
     
  5. Dml45

    Dml45 Law Topic Starter New Member

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    And we lived together for almost a year, didn't know if that could factor in
     
  6. army judge

    army judge Super Moderator

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    The car isn't involved in child support.
    However, by putting the name of another person on it, you complicated your life.
    You can offer her a buyout for the car, or sign over your interests to the car to get out from under it.
    If you financed the car, taking your name off the title has nothing to do with your name on the finance contract.
    Never buy anything and put the name of anyone but your spouse on the title or deed.



    The child support guidelines are pretty clear in most states, yours included.
    It would be foolish to agree to child support outside of court.
    Just don't consider that.
    You can get this wrapped up for free, if you use the state to help.
    The state will collect the money, too.
    The calculator is an approximation, but generally very close.

    The longer you delay, the more you'll have to make up in arrears.

    The money is owed from the moment the child is born.

    You are an adult.

    You are free to make your own choices.

    Good luck.
     
  7. Dml45

    Dml45 Law Topic Starter New Member

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    Thanks for your help
     
  8. army judge

    army judge Super Moderator

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    My advice to all of my children as each one grew into adulthood, be very careful about sexual liaisons and breeding.

    These days unplanned pregnancies don't have to occur.

    We all live our lives differently, we all end up living with our choices, which we also end up paying for, too.
     
  9. leslie82

    leslie82 Well-Known Member

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    You might want to stop having babies...

    Are you married or unmarried to this new baby momma? If you're unmarried you need to establish your rights. Once your rights are established you get a child support order.

    West Virginia Code

    General Child Support Questions

    http://www.dhhr.wv.gov/bcse/parents/Documents/Pamphlets/150 Parent's Guide to Child Support.pdf

    Maybe those links will help you out on how they calculate child support - but generally they take your income and her income and they also take into account other child support orders.

    If both your names are on the vehicle title you both own the car. Figure it out like adults (I would assume you would let her keep it since she has the baby) or go to court.

    Settle out of court and then someday she takes you to court and none of what you paid her will count.
     
  10. ElleMD

    ElleMD Well-Known Member

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    So you were married for the first two but not the third? Did you divorce? Are all 3 kids to the same woman? Were you ever married to this 3rd child's mother? Are you legally married to anyone now (including if the divorce is not yet final or you are just separated)?
     
  11. leslie82

    leslie82 Well-Known Member

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    If your name is on the title for that car then your obligated to pay for it. If you don't want it or you aren't going to drive it, see if you can get your name off the title. Whose name is on the loan for the car? If you are on the loan you pay it.

    So you talked to a lawyer on the phone and that's it? Did you talk to any other lawyers - you know get a second opinion? I'd be leery of doing it out of court. Did you hire this lawyer? If you don't like what he says get a new lawyer.

    Is she still willing to settle on $430 a month?

    Lots of people have other bills on top of child support...
     

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