OK I know this guy who has two children 3 and 2 his name is only on one child's birth certificate and that's only because of child support he had a paternity test... the mother of the children would not let him put his names on the birth certificates and then 2 years after these children were born she went for child support and his name got put on one child's birth certificate... she still won't let him get his name on the oldest birth certificate... OK now he can't afford child support he has no income at all... no money to go back to court or anything... she had said that she was going to drop the child support so that he could stay out of jail... well that didn't happen now she said she won't drop it because her husbands hours got cut back... now she don't let him see his kids when he calls she don't answer all she is worried about is the money that she is receiving the kids don't even know him as daddy she lets them call her husband daddy and he is there other daddy as she puts... he just don't know what to do with the situation... does anyone have any suggestions.

It doesn't cost anything to go to court to file for visitation. If he wants a relationship with his children, he goes and requests visitation. If there is a question of paternity for one or both of the kids, the court will determine that also.

Visitation and support are not tied together.

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Originally Posted by stevetcg

It doesnt cost anything to go to court to file for visitation. If he wants a relationship with his children, he goes and requests visitation. If there is a question of paternity for one or both of the kids, the court will determine that also.

Visitation and support are not tied together.

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We have contacted the courthouse and they told him that it would be 300.00 just for the paperwork and another 350.00 to file and an extra 10.00 if someone has to be served no there is no question about paternity... he told her that he was going to get visitation and then she black mailed him and said if he takes her to court then she was going to go back for more child support money

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Originally Posted by katie_12376

we have contacted the courthouse and they told him that it would be 300.00 just for the paperwork and another 350.00 to file and an extra 10.00 if someone has to be served no there is no question about paternity.... he told her that he was going to get visitation and then she black mailed him and said if he takes her to court then she was going to go back for more child support money

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Child support is set by the state based off a percentage of his income. If she is already getting the amount set by the state, she cannot go back for more just because she wants it. If he is paying less than the state level then she is entitled to go request more for whatever reason she wants.

Sorry to give you false information. Many courts have minimal or sliding scale fees for those without excess money. You may try inquiring about that. Having no money should never be grounds for not being able to be a father to your (his) children.

The reason I ask about paternity is that if I read your original post correctly, he is not on one of the birth certificates so paternity does not seem to have been legally established. There may be more details to it that I don't know, however.

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Originally Posted by katie_12376

we have contacted the courthouse and they told him that it would be 300.00 just for the paperwork and another 350.00 to file and an extra 10.00 if someone has to be served no there is no question about paternity.... he told her that he was going to get visitation and then she black mailed him and said if he takes her to court then she was going to go back for more child support money

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You need to look into a waiver. Also they may be thinking that your going to have to have DNA tests done but it sounds like they are already on file. $650 sounds excessive for a filing fee to me.

What state is this ?

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Originally Posted by califdadof3

You need to look into a waiver. Also they may be thinking that your going to have to have DNA tests done but it sounds like they are already on file. $650 sounds excessive for a filing fee to me.

What state is this ?

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OK thank you... we are in Florida yeah $650.00 is a bit much for him right now...

Court fees in FL are crazy, but you can definitely get a waiver based on need. Speak to the court clerk about it.

This is the thing, There is no such thing as signing over your rights so you don't have to pay child support.

Child support and vists have nothing to do at all with having the fathers name on the birth certificate, If he was ordered to pay child support, it was proven either by DNA or he signed that he was the father on a court paper.

So there is no issue as to him being the legal father, the birth certificate is not required to give him any rights or obligate him either.

Vists, has nothing to do with child support, he gets his right to visit from the child custody agreement. If he does not have any court ordered days, or if the one parent refuses to honor the agreement, he has to take her back to court to enforce the court order.

Support, it is not her choice to "give it up" in fact she can't just do that. Support is a court ordered amount of money. In that what happens it is based on income, so if and when his income went down, he can request it to be modified to the new income,
If there is no income, they still have a min amount that the state will require.

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Originally Posted by Fr_Chuck

This is the thing, There is no such thing as signing over your rights so you don't have to pay child support.

Child support and vists have nothing to do at all with having the fathers name on the birth certificate, If he was ordered to pay child support, it was proven either by DNA or he signed that he was the father on a court paper.

So there is no issue as to him being the legal father, the birth certificate is not required to give him any rights or obligate him either.

Vists, has nothing to do with child support, he gets his right to visit from the child custody agreement. If he does not have any court ordered days, or if the one parent refuses to honor the agreement, he has to take her back to court to enforce the court order.

Support, it is not her choice to "give it up" in fact she can't just do that. Support is a court ordered amount of money. In that what happens it is based on income, so if and when his income went down, he can request it to be modified to the new income,
If there is no income, they still have a min amount that the state will require.

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OK child support can be dropped because I did it with my ex... and for him to get his kids without her threatening to call the cops on him for kidnapping his name needs to be on the birth certificate... she is out to put him in jail for whatever she can and it is wrong that men have to go through this

Sorry kaie, no you are wrong, the court order giving him visits is all he needs, she can refuse of course and she can call the cops even if the name is on the birth certificate, and it is not kidnapping if there is a court order. So you laugh at her for the threats and if she refuses you take her back to court for contempt.
The cops will not do anything on civil issues unless he is tresspassing or doing something illegal, she can always refuse even if his name is on the birth certificate and if he take the kids when it is not his visit, he can be taken back to court birth certificate or not.
AGAIN, the birth certificate does not give him any special rights what so ever, as long as it is proven though DNA, in fact in most states he can not even force his name to be added, just can't happen.

Child support, sorry, you may not try and collect and the ex has to trust you not to change your mind in 10 years, but you can not merely decide he does not have to pay. Child support is for the child and is set by the court, so unless the court order is changed, the child support is legally due to be paid. I do not know of any courts that would allow no support to be paid. In fact if the custody parent receives any welfare, the state will move to collect money for the child regardless of what the custodial parent does or want.

So he merely does not know his rights and she has him fooled and he believes it.

Yes, as Chuck said, once there's a support order in place she can't go voluntarily revoke it because that day she's in a good mood. There are state minimums if he's unemployed. This being the case here, it's his reponsibility to go and file for a temporary reduction and showing proof that he his out of work.

If she isn't allowing him to see his children, he has rights. I'm not sure about filing costs in your state but isn't it worth it? Once a judge determines a visitation order then she will be required to abide that otherwise she will be in contempt.

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Originally Posted by nikosmom

Yes, as Chuck said, once there's a support order in place she can't go voluntarily revoke it because that day she's in a good mood. There are state minimums if he's unemployed. This being the case here, it's his reponsibility to go and file for a temporary reduction and showing proof that he his out of work.

If she isn't allowing him to see his children, he has rights. I'm not sure about filing costs in your state but isn't it worth it?? Once a judge determines a visitation order then she will be required to abide that otherwise she will be in contempt.

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He understands that it is his responsibility not really worried about the child support case... but like I told him the child support can be dropped I just went through that situation.. but that is besides the point not to worry about that... the thing is he is only on one child's birth certificate he only pays child support for one child... so there for when he does get to pick them up she has called the cops before and he almost got arrested for kidnapping of the one child he lives 5 hours away from her... yeah it would be worth the money if he had the money... she is married and her husband wants to adopt the children( we think he has already adopted the child that his name is not on the birth certificate) in Florida if your name is not on the child's birth certificate then he has no legal rights at all to that child... when he does get the money and he gets his visitation she would have to meet half way right because when she was allowing him to see them he had to drive 5 hours there to pick themup and then 5 hours home... if he would even make it home without a deputy calling and saying that the child has to be returned to her mother