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My baby's mother left with my 3 week old baby. She was living with me and my family and one day she just up and left. Now 2 yrs later I get a paper in the mail that I have to pay support. I was never served with court just a paper that says I have to pay so much. We were living in Indiana now she moved to Illinois. I am on the birth certificate. What are my rights about getting my daughter back and managing now court date for the child support order
If your name is on the birth certificate, you are legally obligated to support your child until she becomes a legal adult. I don't understand what you mean when you say "...managing now court date for the child support order." Are you contesting the amount that you have been ordered to pay?Quote:
Originally Posted by ashaw31
If you want to establish a relationship with her, you need to file a motion for visitation and custodial rights. Why didn't you do this two years ago when the mother first left?
I couldn't find her and her family threatened my life. Its not the fact of paying support it's the fact that I got ordered to pay with no notification except for a letter in the mail that I was 5000 dollars behind in support. Never got served for court or anything. I put in a modification but they aren't seeming to do anything even though I'm on disability and an ordered to pay 300 dollars a month and I only make 694 a month. They won't let me see the child and Illinois will not give me a court date for visitation or any rights to her even though she was born here in fort wayne
Was a petiton filed (in Illinois, probably) to establish child support and custody? Were you not properly served with notice of such petition?Quote:
Originally Posted by ashaw31
Have you filed a motion in Illinois? If the court has failed to schedule a hearing or otherwise consider your motion, you may not be doing something that the Illinois rules of court procedure require. You need to have an Illinois attorney at least review the paperwork and tell you what the holdup is.Quote:
Originally Posted by ashaw31
My assumption is that you signed a paternity acknowledgment in order to be listed on the birth certificate as the father, which is why a DNA test wasn't required for the court to order child support. Is that correct or have you never been listed as the legal father?Quote:
Originally Posted by ashaw31
My guess is that she probably left the state, applied for state assistance and the state automatically ordered you to pay support - they found you and have now sent you a letter stating how much you owe.
What type of disability are you on? Permanent or temporary?
Illinois only "gives" you a court date for support or visitation if you file a motion. As AK Lawyer asked, did you file one?
What do you mean by, "I put in a modification"? Did you file a motion to have the support amount reduced or even stopped, depending on your type of disability? How did you "put in" your modification? Obviously, regardless of what happens you would still owe the arrears but if you are permanently disabled, the child may qualify for SSDI benefits.
I filed a modification for reduction of child support to Illinois through indiana's child support division. My case worker in charge of the case from Illinois is helping me do the paperwork. For some reason Illinois never wants to get back to my case worker or I for over two-three months. I was told that she left Indiana illegally and I needed to file paperwork to get her ordered back here because when the child was born she filed for assistance here got the first payment and then left state. We were together at this time. It just doesn't seem right that she left after one payment of assistance. And I also have paperwork from disability and child support that I don't understand what I sign and have to have someone with me in important meeting to help me understand what I am signing and what is going on. I told that I could go file a motion against what I signed on the waiver of paternity. After the fact the child was born I found out she was cheating on me and now says the child may not me mine but she will not talk to me and refuses a paternity test.
No I was never served a petition on any court hearing or anything all I got in the mail was a letter that I was almost 5000 dollars in the rears. I have no trouble paying the support on my child its just the fact that I never got to go to court to put in my side. They want me to pay almost 300 a month on my child and I only make 694 a month in ssd.
The paper I filed was Illinois child support modification sent to me by Illinois at the request of my indianac case worker. My caseworker said that there is something fishy about the case. My child's aunt is head of dcfs over in Illinois that actually is in charge of the child support orders. My caseworker told me that a magistrate signed the order it never went in front of an actual judge and there was no notification to me about it.
If the child support division has filed a motion in the Illinois courts, it doesn't matter whether Illinois ever gets back to your caseworker. At some point the court should act on the motion.Quote:
Originally Posted by ashaw31
I may be mistaken, but normally the CS agency doesn't file custody/ visitation motions. That would be up to you.Quote:
Originally Posted by ashaw31
Our standard advice: you need an attorney goes double here. You really need an attorney!Quote:
Originally Posted by ashaw31
That's one thing your attorney can probably ask for in court: cancellation of whatever waiver you signed, and a paternity test.Quote:
Originally Posted by ashaw31
Well, OK. Two things. ;)
Who is "telling" you all of these things? It sounds like someone is giving you terrible advice and has no idea what they're talking about.Quote:
Originally Posted by ashaw31
As AK Lawyer said, a child support agency does not file a motion on your behalf. YOU need to file the motion in the Illinois court system if you want anything done.
What I'm reading here under (b)(1) is that you would have had 60 days after signing the paternity acknowledgment to contest paternity. You said your child is now 2 years old; I'm not sure you can contest it any longer.
Thank you for your advise. The reason Indiana is helping me is because the child was born here. They say that the case if not valid unless it comes through Indiana because the child was born here and lived here for a period of her life. I guess what I signed wasn't a waiver of paternity. I just signed the birth certificate. The problem I am having is finding a laywer that will take my case because of where it is in Illinois and that when they find out her aunt is head of dcfs they won't take it. I don't understand. I'm in the mist of trying to find a lawyer here that works both states. Which I am looking of a lawyer because my child's mother is bouncing place to place and won't keep a job. I am on disability but trying to go back to work. I recently found a job.
"They" are incorrect if they are trying to tell you that custody and visitation should (or can) be litigated in Indiana. Since the child has lived in Illinois for more than six months, that is where you will have to litigate custody. Therefore you need an Illinois attorney to deal with the custody & visitiation issues. It makes no diffence whether that attorney is licensed to practice law in Indiana.Quote:
Originally Posted by ashaw31
Actually what an unwed father signs is usually an "acknowlegment of paternity", not the BC itself.Quote:
Originally Posted by ashaw31
The child's mother has an aunt who is head of DCFS at the location in Illinois? I don't know how that would possibly affect the willingness of an attorney to take the case, frankly.Quote:
Originally Posted by ashaw31
I'm not sure I fully agree with some of the things said here.
1) If the mother applied for and received support from Indiana before she took off and you have remained in IN, its possible that IN still has jurisdiction. That may be way you are being told it has to still go through IN.
2) If the mother ran away without letting you know where you child was and you did make an effort to find them, she may be charged with parental kidnapping.
Both of these are issues you (or better yet) your attorney should pursue.
In any case you really do need an attorney to protect your interests. At the very least you may be able to get the arrears vacated because you were never informed of the support order.
Yes I stayed in Indiana.. we applied for assistance together it was in both of our names it was my card actually with the food stamps and tanf benefits on it. She took the money off and left as soon as it was received on the card. She and my child were living with me until my child was born and then when my daughter turned 3 weeks old. I went around the block of my house and came back and she and my child was gone. It wasn't support it was tanf because at the time we were living together in my parents house. We were not married though. She just decided to up and leave.
At the end of the day on this, you need an attorney, you needed one two years ago, and file for custody and tried to require her to move back, but it is far to late for that.
If the first court orders came from you state, and you still live there, that is where it has to be filed. If there is no custody or no child support orders in your current state, she could file in her new state.
Trying to get custody or changing anything even with an attorney will be a long, drawn out ordeal for you as well as pricey. You might not get anywhere by yourself trying to file motions for visitation. Best thing you could do would be try to get a reduction of the $300 a month and go from there. File a motion for reduction and call the judge's judicial assistant for a hearing date, then send out a notice of hearing to the mother and then be there yourself regardless of how long it takes to drive there. You probably could ask for a telephone hearing but don't hold your breath that it would be granted. Stuff like a modification needs paperwork presented to the Judge for him to decide. Be sure to attach a copy of recent pay stubs, etc. and your disability checks so you can prove that 5K would be a hardship for you to come up with right now. They may let you make payments towards back child support.
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