Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Family Law (https://www.askmehelpdesk.com/forumdisplay.php?f=120)
-   -   Baby father might file for child support (https://www.askmehelpdesk.com/showthread.php?t=749662)

  • May 19, 2013, 01:02 PM
    gmason695
    Baby father might file for child support
    How does it work if my son father tries to file for child support? When the sheriff serves me papers can I reject them or anything and what should I do
  • May 19, 2013, 01:26 PM
    joypulv
    You are notified to appear in court to present your situation and finances.
    If you don't, a decision is made without you.
    It is in your interest to appear.
    You can't 'reject' a court order, regardless of how it is delivered to you.
  • May 19, 2013, 01:42 PM
    gmason695
    Quote:

    Originally Posted by joypulv View Post
    You are notified to appear in court to present your situation and finances.
    If you don't, a decision is made without you.
    It is in your interest to appear.
    You can't 'reject' a court order, regardless of how it is delivered to you.

    Okay does that give the father rights if he's paying child support like giving him rights to take our son whenever and wherever or no ?
  • May 19, 2013, 01:49 PM
    Alty
    Quote:

    Originally Posted by gmason695 View Post
    Okay does that give the father rights if he's paying child support like giving him rights to take our son whenever and wherever or no ?

    That's determined in court. He can file for visitation, and unless you have proof that he shouldn't be awarded visitation, he'll likely get it.

    It always shocks me when this happens. He was good enough to have sex with, he was good enough to impregnate you, but he's suddenly not good enough to have anything to do with the child you both created?

    Ask yourself why you don't want him around the child that belongs to both of you? Is it because you're angry how things ended? Is it really about who he is, how he is as a father, or is it all about you and how you feel?
  • May 19, 2013, 02:07 PM
    ScottGem
    The father of your child has rights the same as any father. If you are the primary custodial parent then why would he file for child support? That makes no sense.

    However, if he wants to spend time with HIS child he can file in court for joint custody with visitation. Unless you can cite some good reason why he shouldn't have visitation, he will probably get it. Its unlikely he will get rights to have your son whenever and wherever. More likely he will be given a schedule of when he can have visitation.

    If he files for custody, then you can counter file for support.
  • May 19, 2013, 02:18 PM
    JudyKayTee
    In most States support and visitation are separate things - you can be awarded one without the other. For example, being ordered to pay child support does not automatically give "him" visitation.

    And if someone serves papers on you and you refuse to take them or, for that matter, throw the papers in the person's face, you are still legally served. I operate a process service company, so this is not a guess.
  • May 19, 2013, 04:08 PM
    gmason695
    Quote:

    Originally Posted by ScottGem View Post
    The father of your child has rights the same as any father. if you are the primary custodial parent then why would he file for child support? That makes no sense.

    However, if he wants to spend time with HIS child he can file in court for joint custody with visitation. Unless you can cite some good reason why he shouldn't have visitation, he will probably get it. Its unlikely he will get rights to have your son whenever and wherever. More likely he will be given a schedule of when he can have visitation.

    If he files for custody, then you can counter file for support.

    He wants to file child support on himself.. he feels that he will have more rights by doing so
  • May 19, 2013, 04:35 PM
    ScottGem
    Quote:

    Originally Posted by gmason695 View Post
    he wants to file child support on himself .. he feels that he will have more rights by doing so

    Then he's a fool. Depending on where you are located he may not even get that to court.
  • May 19, 2013, 04:57 PM
    cdad
    Quote:

    Originally Posted by ScottGem View Post
    Then he's a fool. Depending on where you are located he may not even get that to court.

    I disagree. Its one of the steps that is going to happen if he applies for visitation. So being proactive over child support is one of the things that can be done to avoid the surprise of retroactive support being applied by the courts.

  • All times are GMT -7. The time now is 02:32 AM.