[cain]

I have been paying child support from the beginning,always on time,"outside of court:But set up at my bank through a trust fund account for good records showing I pay on time.She married and has moved from the country for 2 years and I have not seen him.She now is asking for an increase in support and I haven't even seen my son.What rights do I have and how can I stop this?

[GV70]

Do you have a court order or some written papers which regulates your rights and obligations?Like child support and parental time...

[ScottGem]

Well your first problem was "outside the court". When the child was born you should have gone to the court and petitioned for joint custody with Visitation. But not doing so, you let her do what she wanted.

Since she is now outside the juridiction of your country's courts, there is little you can do to force visitation. By the same token, though, there is nothing she can do to force you to pay an increase, or even contrinue payments at all.

Normally, child support cannot be tied to visitation. So if you were to petition a court saying I won't pay anymore unless I get visitation it would probably be shot down. But because you are now in separate countries, I'm not sure if the courts come into play.

I would consult an attorney to confirm what I'm thinking here. If I am right about the jurisdiction issues, then I would write her a letter saying, that you aren't going to pay an increase or anything more unless you have the chance to get to know your son. This could mean he spends summers with you or some other agreement.

[cain]

What determines the amount you pay in child support monthly?Ive never even seen my kid in the last 2 years.Lets say 60,OOO yearly.Do they figure my debt<mortgage paymentcar note,etc>?

[ScottGem]

First, it would be better if you kept this all in one thread, so I've asked the threads be merged. Second, each area has their own formulas, you would have to contact the family court in your area. But see my response to your other post.

[macksmom]

Child support is based off both the mother and the fathers income... nothing else, no bills etc. They can only take a max percentage of your income... basically what happens is it's a spreadsheet... one memebers income along the top, the others along the side... plot the two incomes and trace to where they meet on the sheet and that's the determined child support amount. As the others have said, child support has nothing to do with visitation. It is better that you have everything set up through the courts, that way when these things come up you don't have to start back at square one. Make sure you get together all your proof of payments over the years. If she says you haven't paid a dime and you don't have the proof you will owe back child support from the day the child was born.

Good luck.

[macksmom]

Well it's the only way I have known it to be done, from myself personally and my family memebers in other states... but personally that's how it is determined in Ohio :)

[GV70]

Some states have rules that the parental time can reduce child support.Here is a guidance from one of the states legislations-if you have 2 months parental time you will be catch to pay for 10 months support only... The child support is determined as follow-for example you have to pay $1500 a month... Your child support will be /1500.10/:12=$1250

[Nicole98]

I have been paying child support from the beginning,always on time,"outside of court:But set up at my bank through a trust fund account for good records showing I pay on time.She married and has moved from the country for 2 years and I have not seen him.She now is asking for an increase in support and I havent even seen my son.What rights do I have and how can I stop this?

File an inmotion against her and have your case reviewed and make sure you bring proof that you have been making payments to her. The judge will review and you will get to see your son and she can't do anything about it since you are financally supporting the child through child support payments.

[blueeyestwenty]

I have been paying child support from the beginning,always on time,"outside of court:But set up at my bank through a trust fund account for good records showing I pay on time.She married and has moved from the country for 2 years and I have not seen him.She now is asking for an increase in support and I havent even seen my son.What rights do I have and how can I stop this?

I don't know about where your from but the paperwork concerning my daughter says very specifically that I cannot move out of state let alone out of the country... So I would start there if I were you.

[shygrneyzs]

The Judge who handled my divorce used the figure of 11% of my husband's income to calculate child support. That was the most allowed by law in my state. I have heard other states are higher and some are lower. So it is not universal.