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Poliwog2400 · Feb 13, 2008, 12:03 AM

My boyfriend has a child by his ex girlfriend and he's been paying her child support every month, but she just recently served him with papers to get enforced to pay so she can get more money out of him. He would love to be able to be in his 3rd son's life but she is such a pain to deal with he just doesn't bother with it. Can he just give up the rights to her and not have to pay the child support. Or maybe talked to the courts and see if he can just pay the state and then when the child is 18 he recives the money and not the mother.

He already has 2 boys of his own he has custody of. He owns his house but he has a car he makes payments on and his utilities to pay also and he has to take care of the two boys he has custody of so will the courts take that information into consideration or will they still make him pay 600 a month because of what he makes a month?? He was only paying $400 a month because that's what he can afford, according to the papers, he is going to have to pay 600 because of the amount of money he makes compared to her? What should he do?

Did you not read the part about he already has 2 boys he's taken care of already. He doesn't make that much money anyway. But believe it or not I am going to take this advice I've been giving and we are going to get a lawyer. So Thank you so very much for your opinion on the situation.

oneguyinohio · Feb 13, 2008, 12:33 AM

Get a lawyer to help. Trying to fight without one on your side is pointless.

Fr_Chuck · Feb 13, 2008, 07:32 AM

Child support payments are based on income factors, in some staes just his income, in other states both his and her income,

And personally why would you want to be with such a dead beat person, who cares so little about their own child, that a little hassle keeps him from seeing the child. What he shuld be doing is going to court to fight for more visiation.

But to answer this, giving up his rights can't be done without his exs OK and the courts, and even if he gives up his rights ( which he is not using anyway) that has nothing to do with payments, payments are a obligation, not a right, so after he gives up his rights, he will still have to pay, unless she has a new partner who will adopt the child.

oneguyinohio · Feb 13, 2008, 08:57 AM

Poliwog... I don't give a rat' s dirty butt about what you can or can't afford. Wait and see how much it cost you not to have a lawyer... then you can itch and moan all you want. If you came here looking for a pity party, awwww you poor thing... now wake up! Life isn't always easy so you and your boyfriend need to quit looking for an easy way out... abandoning a child is awful!

macksmom · Feb 15, 2008, 07:02 AM

1. No he cannot relinquish his rights to get out of paying child support.

2. No he can't pay the state and have the child get the money when they are 18... the point of child support is for the care of the child while they are growing... what in the world would be the point of the child getting the money when they are 18?

3. Child support is a simple spreadsheet. They enter the mothers income and the fathers income and there is a figure for child support. Yes, other child factor in, but this child needs taken care of as well. So if the courts decide to raise the child support, they did it based on the facts and are justified in doing so.

4. Your boyfriend needs an attorney, if he can't afford one then he should try legal aide.

5. Read the site rules on using the comment feature. It's purpose is to acknowledge accurate info and bring attention to things that are not accurate... it is NOT for your opinion on whether or not you agree to the advice you are given here.