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nt2524 · Jun 28, 2009, 11:47 AM

I have an almost 4 year old son and about 6 weeks ago his father left to TX. Can I go to the courthouse and file abandoment charges so I can finally get child support or is that illegal?

stinawords · Jun 28, 2009, 12:06 PM

Nope you can't. No way no how brouse around this forum and you will learn that over and over again. Do you have an order of support? If not you can get one (that you should have filed for as soon as the child was born) if you do have one you can still go back and have it enforced. But that has nothing to do with abandonment.

ScottGem · Jun 28, 2009, 12:59 PM

Please pay more attention to the posting instructions here. There is a sticky note at the top of this forum that says Child Abandonment READ FIRST!

This note explains why you can't file for abandonment.

As that post notes, your issue is not abandonment but failure to pay support. What I don't understand is why you haven't been getting support up to now? As soon as the baby was born or as soon as you separated from the father you should have filed for support. The only thing that might have prevented your from filing for support is if the courts ordcered joint physical custody so you each had the child 50% of the time.

If that's the case, then his moving to Texas means that such an arrangement is no longer viable. So you need to go back to the court and file for a modification of the custody and support order.

But this has NOTHING to do with abandonment.

cadillac59 · Jun 28, 2009, 01:03 PM

What in the world does "file for abandonment" mean and where did that dumb idea come from?

I honestly don't get it. What is it suppose to mean? Terminate parental rights? File what with whom and where? It's baffling what people believe.

nt2524 · Jun 28, 2009, 01:38 PM

First I did when I was pregnant file child support gave them all his info. We were together in CA, when I kept updating his info. We were never married and my son has my last name and gave new info. Like social security he then moved to GA with us and was working still no child support, now he has left. How else do I get him to pay child support? My case is in CA I'm in Atlanta, and now he's in TX.

cadillac59 · Jun 28, 2009, 03:14 PM

Originally Posted by nt2524

first I did when I was pregnant file child support gave them all his info. we were together in CA, when i kept updating his info. we were never married and my son has my last name and gave new info. like social security he then moved to GA with us and was working still no child support, now he has left. How else do I get him to pay child support?? My case is in CA im in Atlanta, and now he's in TX.

All you have to do is open up a case with the local child support agency in Texas, where the dad lives, and give them a copy of your California child support order (if you have one) and they should take care of enforcing it. If the order needs to be modified they can do that too. California no longer has jurisdiction over child support. GA would have had it but the dad's moved so you cannot modify the order in GA. You have to go to Texas to modify. That's the way the law works.

Basically that's it.

cdad · Jun 28, 2009, 04:33 PM

Originally Posted by cadillac59

All you have to do is open up a case with the local child support agency in Texas, where the dad lives, and give them a copy of your California child support order (if you have one) and they should take care of enforcing it. If the order needs to be modified they can do that too. California no longer has jurisdiction over child support. GA would have had it but the dad's moved so you cannot modify the order in GA. You have to go to Texas to modify. That's the way the law works.

Basically that's it.

What state is the child in now ? Because if the child and custodial parent is in Ga then it could be opened there.

ScottGem · Jun 28, 2009, 04:46 PM

Originally Posted by nt2524

How else do I get him to pay child support??

Was he living with you? Did he contribute to the household expenses? If not, then why didn't you try to enforce the support order?

We'e all answered the "How else" question, you have a support order, get it enforced! I do understand, however, why you are a bit confused about abandonment. In GA the law refers a parent not providing support for their child as abandonment. So that's where you confusion may come from. However, since you already have a support order from CA, then all you need to do is enforce it. It could be that GA courts now have jurisdiction so you start with them to see if they will accept jurisdiction.

cadillac59 · Jun 28, 2009, 05:29 PM

Originally Posted by califdadof3

What state is the child in now ? Because if the child and custodial parent is in Ga then it could be opened there.

GA can enforce it but it can only be modified in Texas, where the dad lives.

nt2524 · Jun 29, 2009, 08:37 PM

OK so Im calling CA tomorrow who has handled my case since Me and my son moved here in March 2008. I have sole custody of my son through CPS, they should damn well have handled it.. It seems like such a roadmap! So do I have to fly out to TX or can he get a court date there I have his parents address...

stinawords · Jun 29, 2009, 08:49 PM

If it is just a child support hearing in TX then you have the state on your side so you don't really have to be there. But if you have a lawyer in that county (where the hearing is) they can represent you too. But if you want to be there you could always fly there to see it first hand.

cadillac59 · Jun 29, 2009, 09:46 PM

Originally Posted by nt2524

ok so Im calling CA tomorrow who has handled my case since Me and my son moved here in March 2008. I have sole custody of my son through CPS, they should damn well have handled it..It seems like such a roadmap!! So do I have to fly out to TX or can he get a court date there I have his parents address....

You don't have to modify the California support order if you don't want to. The California guideline might be allowing for more money than the Texas guideline so you may not want to bother.. Just send the wage assignment to his employer and they will deduct the support from his check as he is paid.