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    angie29ae's Avatar
    angie29ae Posts: 7, Reputation: 1
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    #1

    Dec 20, 2006, 09:11 PM
    Child Support...
    Okay, so I have a child with my boyfriend. A girl that he had an affair with just had twins and she claims that he is the father. The girl has now put him on child support; Child Supprt sent a paper out to his job asking how much money he made, but he still has not received the court date. He makes about $550 per week including taxes taken away. She is constantly harassing him and she calls him non stop during the day knowing that he is at work. She is very annoying and always wants her way no matter what she has to do to get it. I think she is obssesed. She's constantly telling him that the only way that she will take him off child support is if he moves in with her but he won't because he doesn't care about her and thinks she is crazy which I agree. Anyway, he told me that she told him that 34% of his check will be given to those babies per WEEK which will be like $300 something if he is the father! Which is a very big possibility. Is this possible? I thought it was per month. I didn't put him on child support because he is going to continue in school in January and he is going to have to pay from his own pocket because financial aid will only pay half of the course that he wants to take. Because she put him on child support ,now he won't get any financial help or lone at all... My biggest concern is that I know he won't be able to give me as much money as he used to because of her putting him on child support and all of his other expenses, I fear that it won't be enough. Is their any way that he can tell the court judge that he gives me cash and can't give her that much money? He pays rent, his cell phone, food everyday because he doesn't know how to cook, me for our son and he just got a car and has to pay gas, insurace etc. ( He is 18, I am 16 and the other girl is 20) Kind of a stupid question but ill ask anyway... is it possible for her to have twins that are his even if no one in his family enherits twins? Only her side of the family?
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #2

    Dec 21, 2006, 08:19 PM
    Actually, you should put him on child support, That would mean less money for her. Also, has it ever been proven that he is the father of the twins? You say she claims that he is the father but he shouldn't have to pay her child support unless it is proven that they're his. But telling the judge that he gives you cash of his own accord won't cut it. Bottom line is, the more support he has to give you, the less he can give her. There are limits as to how much of his paycheck can be garnished for child support payments. My guess would be 50% of the net pay,after taxes.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Dec 21, 2006, 08:48 PM
    The court will set a fee based on his income, up to a max that the court believes is correct, of course she will ask for 300, 400, 1000 a week if she thinks she can get it, that is what court is all about, He gets his attorney and files for custody, or for certain visitation rights, and for a certain amount of child support. That is what the court battle is hard, dirty and very hard.

    If you and he are not living together, you could have and should have a order of support for your child also, if your child is order and you have the first order of support, your court order would or should have priority over the other order.

    He needs a good attorney at this point to recommend the best action
    talaniman's Avatar
    talaniman Posts: 54,325, Reputation: 10855
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    #4

    Dec 22, 2006, 07:58 AM
    Unfortunately if he keeps having babies then there is no way he can support them all. So you had better get your child support order in before somebody else takes him to court.
    angie29ae's Avatar
    angie29ae Posts: 7, Reputation: 1
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    #5

    Dec 22, 2006, 09:08 AM
    Thank you all so much! You guys can't imagine how much I appreciate your answers. About him getting an attorney, I have been telling him this ever since the girl was pregnant. Do any of you have any good suggestions as to where we can locate one in NY at low cost? Or should he go to family court here and ask for an attorneys help?
    chuff's Avatar
    chuff Posts: 3,397, Reputation: 1235
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    #6

    Dec 24, 2006, 08:53 AM
    Look this girl is pushy. So you boyfriend needs to push back. First as everyone else said, make her prove these are his kids. She's no angel. She sleeps around. Perhaps the real father is either gone or fights back at her attempts for money.

    Let me say, I'm not a lawyer so you'd want to seek out some advice but I think both of you need to get a restraining order against her. That will be a slap of reality to her face. It will show that your not putting up with her pushy behavior anymore. Truth be told, from what your write of her, I don't think she could abide by it, which I actually think might work in your favor when and if this went to court. Your boyfriend should be able to point out that she harasses him and might even be unstable to raise the children if it happens enough. Check a lawyer first but that might help.

    Also at your age you need to go through court to have child support come to you. Realistically, the chances for this relationship are not good as far as it lasting. You need to secure some funds for your child, you most important priority, before he cheats on you again and starts having a whole bunch of children.
    jrussole's Avatar
    jrussole Posts: 163, Reputation: 12
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    #7

    Dec 28, 2006, 03:44 AM
    It is customary for garnishment of 17%, then it is prorated for each additional child. Check with your individual state Child Support Enforcement guidelines. You can do a browser check.
    This girl is trying to control him, by calling him and harassing him. She should be informed to stop her harassment and get counseling and support. You both need to contact child support enforcement and have a case opened. While he wants to go to school, he still has responsibilities. He can take out a loan to go to school, if financial aid and the pell grant do not cover the costs of tuition. He can claim having to pay child support for additional financial assistance. He decided to act like an adult having sex and will now be responsible to act like one due to having unprotected sex. Aren't you forced to act like an adult in raising your child? Just wondering.
    As far as him having the "twin gene", it doesn't really matter. She carries the potential of releasing two eggs upon ovulation. His sperm swam there and fertilized the egg (s). Don't buy the poor me attitude from him, either. Your children deserve the emotional and financial support of their father.

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