Ask Experts Questions for FREE Help !
Ask
    js2943's Avatar
    js2943 Posts: 5, Reputation: 1
    New Member
     
    #1

    Apr 10, 2009, 12:07 AM
    Parental rights
    My ex is going to school and is having the state of Washington pay for daycare. (which she has her little sister act as the babysitter so her little sister doesn't have to have a real job) We don't want child support placed on me, we think it's better for us if we just keep it out of the courts hands for various reasons, we agreed to me giving her cash every check. We also don't want the state garnishing me for the daycare that the state is helping her pay. She suggested that I give up all my parenting rights and that would stop any garnishment being placed on me by the state. I'm not looking to not help raise our child financially, I have help her since day 1, we just don't want the state coming after me for the help she is getting. How can we go about this?
    45notdaddy's Avatar
    45notdaddy Posts: 62, Reputation: 15
    Junior Member
     
    #2

    Apr 10, 2009, 12:37 AM
    Quote Originally Posted by js2943 View Post
    She suggested that I give up all my parenting rights and that would stop any garnishment being placed on me by the state.
    If that were true, no man would ever be forced to pay child support.
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
    Ultra Member
     
    #3

    Apr 10, 2009, 03:31 AM

    You can't go about this. You cannot relinquish parental rights to avoid paying support.

    In addition, "keeping it out of the courts and paying cash" is about the dumbest thing you can do. If she were to file for support, she may be able to get you for back support also because as far as the court goes, that cash is nothing but a gift.

    If she is on state support, you are defrauding the government by not paying support and I have no idea how she got government assistance without the state coming after you.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
     
    #4

    Apr 10, 2009, 01:44 PM
    Quote Originally Posted by js2943 View Post
    My ex is going to school and is having the state of Washington pay for daycare. (which she has her little sister act as the babysitter so her little sister doesnt have to have a real job) We don't want child support placed on me, we think it's better for us if we just keep it out of the courts hands for various reasons, we agreed to me giving her cash every check. We also don't want the state garnishing me for the daycare that the state is helping her pay. She suggested that I give up all my parenting rights and that would stop any garnishment being placed on me by the state. I'm not looking to not help raise our child financially, I have help her since day 1, we just don't want the state coming after me for the help she is getting. How can we go about this?
    First off.. caring for children IS a real job. So if your ex's sister is taking in your child for day care then there is no reason she shouldn't be paid for it. Is there a custody order from the court ? If not what you might be able to do to minimize the support order is to have custody split between the both of you. That way with equal time the support should be minimal ( i.e. enough to cover the states end of things) and you both can go about your merry way. As Steve suggested it's a very poor idea to pay cash if your making support payments. Since its cash you have no record. So the best is to find a lawyer you both can agree on and then set it in writing what you want. Then have the court rubber stamp it. Otherwise the state may come after you with the full force of the law and that could include jail time.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #5

    Apr 10, 2009, 02:09 PM

    Ok, so you want to support your child. Good for you. Support is generally dtermined by the NCP's income, not by the custodial parent's expenses. So it really doesn't matter whether she is paying for day care and who she is paying.

    I think its foolish to try and avoid the courts. By letting the court set custody, support and visitation you have recourse if the mom decides not to let you see your child or claims you haven't been paying your fair share.
    js2943's Avatar
    js2943 Posts: 5, Reputation: 1
    New Member
     
    #6

    Apr 10, 2009, 03:29 PM
    Quote Originally Posted by califdadof3 View Post
    First off .. caring for children IS a real job. So if your ex's sister is taking in your child for day care then there is no reason she shouldnt be paid for it. Is there a custody order from the court ? If not what you might be able to do to minimize the support order is to have custody split between the both of you. that way with equal time the support should be minimal ( i.e. enough to cover the states end of things) and you both can go about your merry way. As Steve suggested its a very poor idea to pay cash if your making support payments. Since its cash you have no record. So the best is to find a lawyer you both can agree on and then set it in writing what you want. Then have the court rubber stamp it. Otherwise the state may come after you with the full force of the law and that could include jail time.
    Here's a little more details about my situation. I don't actually know how much the sister actually watches our son. I do know that they are trying to get as much out of the state as possible in free money. The sister is going on 19 years and has only had 1 job for about 3 weeks. She dropped out of school at the age of 16 and has been partying ever since. My ex also dropped out and has constantly quit her jobs and just quit her job recently. They want to get money the easy way, without working for it. Also I have offered to watch him while she's at school. Again it's just a ploy for the sister to get money without holding a job. I know that giving straight cash is a horrible idea, but I have another child support order in place already that is draining me financially. I gross about 1800 a month and I pay 477 a month for a previous child. So that leaves me with about 800-900 a month to pay child insurance, child support, rent, gas, food and whatever other bills I have. I simply can't afford another 400 dollar support order. I can always go get a part time job and have absolutely nothing to do with my children, but I want to be part of their lives. Even if my second ex doesn't want child support placed through the state, the state wants to come after me for the help she is getting.
    js2943's Avatar
    js2943 Posts: 5, Reputation: 1
    New Member
     
    #7

    Apr 10, 2009, 04:06 PM
    Quote Originally Posted by stevetcg View Post
    You can't go about this. You cannot relinquish parental rights to avoid paying support.

    In addition, "keeping it out of the courts and paying cash" is about the dumbest thing you can do. If she were to file for support, she may be able to get you for back support also because as far as the court goes, that cash is nothing but a gift.

    If she is on state support, you are defrauding the government by not paying support and I have no idea how she got government assistance without the state coming after you.
    I understand that she can always get me back for child support. I don't actually know the details of what she is getting and what is really going on, I just know what she tells me. All I know is that she quit her job, then came up with the idea to go to school to prolong getting a job. I know she is looking for ways to get as much help as possible through the state. I actually work part 40+ hours a week and I'm living paycheck to paycheck because of a previous child that I am paying child support for. I gross about 1800 a month and I pay 477 a month for my older child. That leave me with about 800-900 net pay a month, with that I give my youngest child's mother 250 month. Basically I'm left with 550-650 a month to pay rent, food, gas, utilities and what ever other bills I have. I simply can't afford to pay the state back for all the help she is getting. I don't know how to go about any of it. My first ex only works about 20 hours, and my second doesn't work at all, that's 20 hours between both of them. They both are fully capable of working more, as I still am very involved in both my child's lives. I want to pay child support for my kids, I know that they are my responsibility, and I'm not trying to get out of child support. But I can not afford paying 800-900 a month in child support when that is half my gross.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #8

    Apr 10, 2009, 08:09 PM
    Quote Originally Posted by js2943 View Post
    But I can not afford paying 800-900 a month in child support when that is half my gross.
    Well gee, maybe you should have thought of that before you started inseminating these woman. And maybe you should have put some more thought into the women you have sex with. If you are getting the feeling that I don't have much sympathy for you, you're right. You play, you pay.

    The mother does not sound like the most stable person. All the more reason you need to get everything formalized.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
    Uber Member
     
    #9

    Apr 11, 2009, 12:16 PM

    If you were to go to court the Judge would award child support to the 2nd child a bit differently compared to the first child. Your income would be garnished just so much by the second child and not at the same amount a the first. You need to either consult an attorney about this or go yourself to the Child Support Office and discuss this with them as right now you are setting yourself up for some swell financial problems in the future with child #2 and cash.

    It is irrelevant about the sister watching the child. Let the mother of #2 deal with the state and let her get caught defrauding the state. A person can only go so long in the system making false claims and they come back and arrest them.

    In the meantime you need to remember that if you don't want anymore kids to support financially, then don't keep impregnanting them. Easy to get laid, hard to keep paying for a piece of behind for years and years. Or get "fixed".
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #10

    Apr 11, 2009, 12:40 PM

    Yes you need to do this though the courts, you will end up getting it worst at the end of the day.

    Plus by "cheating" the system, and the state ( that is my money, your neighbors money) our tax money, that is being paid, so because you want to try and cheat the system, and not go though the courts, you expect the tax payers to pay the child care?
    js2943's Avatar
    js2943 Posts: 5, Reputation: 1
    New Member
     
    #11

    Apr 13, 2009, 10:05 PM
    Quote Originally Posted by Fr_Chuck View Post
    yes you need to do this though the courts, you will end up getting it worst at the end of the day.

    Plus by "cheating" the system, and the state ( that is my money, your neighbors money) our tax money, that is being paid, so because you want to try and cheat the system, and not go though the courts, you expect the tax payers to pay the child care ??
    No, I would prefer her to get a job like I have. Let me have my son while she is at school. Again, I don't like state assistance, I've never been on it and neither has my family. I don't believe in living off other people and I don't want to be lived off my nickel that I actually work for. I am fully capable of supporting my 2 boys. I just don't want to pay for daycare when I can have my son when she is claiming she needs daycare money for school.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #12

    Apr 14, 2009, 05:30 AM

    Let the Court decide what should be done, not what anyone wants to be done.

    As soon as you said you didn't want to go to Court I think you lost your audience.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Rights of mother who's parental rights have been terminated [ 5 Answers ]

I am engaged to a man who is divorced and has a 3.5 year old son. The birth mother signed over parental rights in the 12th Judicial Circuit in Florida in Nov 2006 and has not seen her son since then. We are looking into filing the adoption paperwork a year after we marry so that I am legally...

What rights does a parent give when they sign over parental rights? [ 2 Answers ]

When I was 16 my mom signed over her parental rights, I am now 23 and have a kid. What rights to her grand kid does she have?

Parental rights [ 1 Answers ]

:confused: Can a man who doesn't even know his child and because of the mother he never will, can he give up his rights as a parent or does he have the right to get custody and he is not on the birthcerificate. And if he gives up his rights does he still have to pay support if the mother has a...

Parental rights [ 1 Answers ]

I have a 6 yr old daughter.Paternity hasn't been established.Does the father have any rights? He did sign the birth certificate when she was born.

Parental rights [ 4 Answers ]

:confused: Hello Me and my boyfriend has been togeathr for 5 yrs and he has other children from his past. And one of his child he has only seen twice and he pays full child support for. Well his ex called and said that she going to get married and her futrure husband want to adoped there son......


View more questions Search