[LoungeAct1977]

I am the father of a child... I was never married to the mother. We broke up and the mother is now living in a boyfriends house with the child. Am I required to still pay some child support in this situation?

[LizaisBlue]

I would think so. If the child is yours then you should have to pay to support it whether the mother is with someone else or not. Child support is a tricky tricky subject. If I knew more about the situation maybe it would help.

[Fr_Chuck]

Sorry laughing so hard I fell out of my chair.

If you are the father, yes you have to pay child support, her livng with, or even her getting married does not stop your child support.

You should have child support set by the court, and if you have not been paying, you will owe back support till the time you broke up with the child and their mother.

So yes, you will pay child support till the child is 18 or latter in come court orders, or until the mother is remarried and the new husband may want to adopt the child.

[vanabba3]

Child support is the biggest scam of the 20th and now 21st century...

Your situation could be worse, but the answer to this is YES! The amount of child support is determined by Child Support Enforcement. If you were married, the judge would determine the amount based upon your amount of income. If you are not married, then she can just simply provide proof of your parental rights, and go through Child Support Enforcement. Then your amount is calculated on your income, and you will be left with little to live on...

Child Support Enforcement doesn't care what kind of car or house you have, so if the child support amount conflicts with your lifestyle, too bad! They don't care! If you have a job that pays good money, don't go getting another higher paying job until the child support amount is established, because she will also get that money in 3yrs without even needing an attorney. Child Support Enforcement will automatically review your case in 3yrs. And they usually raise the amount of income from what you had before if you had an increase over the last 3yrs.

If your in a situation where child support has not yet been determined, they will go retro when the amount finally gets established. If it takes four months for this to happen, then they will go retro for the four months, they don't care! Then your new amount is based on the retro and current, and this means they can add interest detemining on the state you live in.

The best advice for now if there is not an established amount of child support is to get a cheap paying job, and go for about ten dollars an hour. Why?? Because they will base your child support amount on the current amount in which you make now... So why pay for your ex-wife to have free shopping money? Then, after the child support is established, then go back into the work force and pursue a higher paying job.

Why not get a part time job instead? Your ex-wife can go through Child Support Enforcement as soon as you put your social on another W-4, and then your amount changes and is to remain unchanged for 3yrs. If you want to get back at your ex-wife, then quit your job, and work for very little and move in with a friend or parents/ relative until this gets established. If you keep the job you have now, and then child suppport is established with the amount you make now, then even if you change jobs, you will still have to pay the same amount until the 3yrs. Are up!

I also don't recommend getting seasonal job either! Your ex-wife can get an increase even if the job is seasonal. They use the legal term "able to make" which basically means you have the ability and or job talent to make this amount, but don't choose to, so a seasonal job can actually become a big increase for her all year long for the next 3yrs. A way around this is having garage sales, doing E-Bay auctions, do yard work or misc work and GET CASH!

You also need to read the state guidelines on child support for your state, most state make you pay until the child is 18yrs old. However, that is really starting to change in the last few years, now for college purposes, many states and courts are making child support mandatory until the child is 21yrs. Old or graduates from the college/university.
I wish there was more positive news for you, however, the person with the child gets to have ALL the fun! Good luck!

[stinawords]

Child support is NOT determined by child support enforcement. Child support enforcement is where the unpaid orders get turned over to in order to pursue collection. You are responsible to pay whatever the judge ordered you to pay.

[cjonline]

Wow... Are you angry about having to pay support vanabba3?

Support is not for the mother to spend however she wants it's for the child. If a child lives with the mother most of the time then she spends money on the child plus a lot more. Kids cost a lot. If you have one living with you, you know what I'm taking about. I really hate when the NCP shout that the CP can spend the money any way she/he wants or that all the NCP's pay is going to support. Most of the time it's a parent that has dropped out of their child life and only wants to complain about how bad things are.

CSE doesn't determine the amount of support. The State you live in has a guideline everyone follows to figure out the amount of support you should pay. In most cases support is determined in court with a judge and if/when a parent doesn't pay then CSE steps in and helps the CP collect the money for the child. Check the state laws, here in VA if there was a increase or decrease of 25% or more in income then the support can be adjusted, you just have to go back to court. So what was stated above about getting a lower paying job until after the support is set doesn't work. And I have seen it based on past jobs and income if the Judge feels that the parent is trying to defraud the court by taking a lower paying job.

OP – as others have said you must still pay support even if your ex is living with someone – if you have a court order. If you don't have a court order stating the amount you pay in support each month you still should be paying something even though you don't have to legally, but keep records of everything you send either way.

[vanabba3]

Actually, I have been paying child support for some time now. My son is now 15yrs. Old. I am angry at the fact that he resides in the same house with a registered and convicted child molester, and nobody thinks this story is really true because it is too horrific...

This is what I am angry about, and there are no laws established at this time that do not allow for this to happen... So anyhone can knowingly marry a convicted sex offender and let them reside in the same house with your child and all is fine... If your interested in this bazaar, but true story read my open forums and you get everything!

[cdad]

[QUOTE=cjonline;1395326]Wow... Are you angry about having to pay support vanabba3?

Support is not for the mother to spend however she wants it’s for the child. If a child lives with the mother most of the time then she spends money on the child plus a lot more. Kids cost a lot. If you have one living with you, you know what I’m taking about. I really hate when the NCP shout that the CP can spend the money any way she/he wants or that all the NCP’s pay is going to support. Most of the time it’s a parent that has dropped out of their child life and only wants to complain about how bad things are. QUOTE]

This isn't quite right. The mother can spend the money any way she wants to. The courts have already approved that many times over. Where the confusion seems to be is " in the childs best interest ". The mother could buy a house and use the monies to make all the payments. The caviat is that the child must be taken care of also. So if mommy wants a new car and seeks a child support increase and gets it she can get a new car with the money and its still legal. So making the statement that the mother can spend the money any way they wish is absolutely true.

[stinawords]

Some of what the mother can spend the money on also depends on the state. My state and a few others, though I'm not sure which ones, have guidelines about what it can be spent on. Now, of course that isn't always enforced but if for whatever reason the ncp thinks that the money isn't being spend to benefit the child the judge can order the cp to submit a monthly accunting for the support money. In this accounting it has to show that the child is benefiting from every penny of it others can benefit as well such as the utility bill being paid but every cent has to have that child attatched to it in someway. Like I said this is not always ordered because it is more paperwork and not all states allow this but it does happen.

[Justwantfair]

What is funny is you discuss that a custodial parent can spend the money how she sees fit, discussing a car and a house... so I suppose having a car and a house is of no benefit to a child? I am sure a single woman could be quite content in an apartment.

When a father/mother isn't paying child support where do you think the money is coming from to continue to support the child. The custodial parent never stops providing for the child and in the end when they are handling all of the bills for the child who is the non-custodial parent to know what monies covered what as children have many needs, from childcare, electricity, garbage, water, housing, transportation, activities... the list goes on and on and children affect EVERY household bill.

[cadillac59]

Someone should really do some research on this because it's kind of interesting and helps people understand child support in the US. The federal government mandated that each state adopt a child support guideline in the early 90's (California got its guideline in 1992 I think) as a part of welfare reform. I imagine this was forced on the states, as the feds usually do when they want a uniform law across the country on matters traditionally the domain of state jurisdiction, by stipulating that if a state did not adopt a child support guideline by a specific time, certain federal funding would be withheld (probably for state welfare programs). So all the states naturally complied.

Each state has to have a guideline but the feds didn't mandate what that guideline (or the way child support is calculated) had to be. Thus it is highly variable from state to state. At a minimum, every state's guideline has to satisfy a 3-part test: 1) it must be uniform (applicable to all counties the state, not vary from county to county);2) it has to create a predicable number (i.e. one guy should be able to compare what he pays in child support to what his neighbor pays and undestand why they are different); and 3) the guideline has to be in the form of a rebuttable presumption (thereby allowing some, albeit minimal, judicial discretion in applying the guideline on a case by case basis). The object is, of course, uniformity and consistency in practice.

Taking a look at state child support guidelines, on one end of the spectrum is Nevada, which uses a simple percentage of the custodial parent's gross income (17% for one child, 25% for 2) in calculating support. On the other end is California's which uses a computer program to calculate support because of its complexity (and is based on both parties' net income). Ever other state's guideline is somewhere between the two extremes in complexity.

In California (simply by way of example) child support is for the child, yes, but the custodial parent may exercise complete discretion in how it is spent and it MAY improve the standard of living of that parent (in other words if CS is more that what is really needed for the support of the child, the residual can enhance the lifestyle of the custodial parent and that's okay).

[Justwantfair]

Illinois is the same way and although child support is in essence to benefit supporting the child it is to also provide "lateral" environments for both households, meaning that if a father is making $100,000 annually and a mother $35,000 the child should not have too many additional things that they must go without at another home. It also prevents parents from "buying" custody as younger children would want to be with parents more able to support anything they want, not necessarily what is in "their best interests".

[cdad]

In California (simply by way of example) child support is for the child, yes, but the custodial parent may exercise complete discretion in how it is spent and it MAY improve the standard of living of that parent (in other words if CS is more that what is really needed for the support of the child, the residual can enhance the lifestyle of the custodial parent and that's okay).

When looking at the last line " the residual can enhance the lifestyle of the custodial parent and that's okay". Wouldn't that be unconstitutional because it violates the 14th amendment for equal protection under the law. Because your placing a undue burden on a " class " of people ?

Can't there be another more reasonable way to get it done so the child benefits the most ?
( theory only of course ) All state guidelines must be followed until changed.

[JudyKayTee]

Actually, I have been paying child support for some time now. My son is now 15yrs. old. I am angry at the fact that he resides in the same house with a registered and convicted child molester, and nobody thinks this story is really true because it is too horrific....

This is what I am angry about, and there are no laws established at this time that do not allow for this to happen... So anyhone can knowingly marry a convicted sex offender and let them reside in the same house with your child and all is fine... If your interested in this bazaar, but true story read my open forums and you get everything!

Wht does this have to do with the question the OP asked? Again, you have gone way off topic, explaining your problems and frustrations but you have not answered the question.

And your original post also referred to the "new" husband "living off your money" so it's not all about child support.

[cadillac59]

When looking at the last line " the residual can enhance the lifestyle of the custodial parent and that's okay". Wouldnt that be unconstitutional because it violates the 14th amendment for equal protection under the law. Because your placing a undue burden on a " class " of people ?

Can't there be another more reasonable way to get it done so the child benefits the most ?
( theory only of course ) All state guidelines must be followed until changed.

The problem with an equal protection argument is there is no "suspect class" to raise the level of scrutiny above what's called a "rational basis test" in constitutional law. Child support obligors can be anyone- they are not necessarily minorities or members of an historically disenfranchised class of citizens.

The rationale behind allowing child support beyond the actual needs of the child (allowing it to enhance the lifestyle of the co-parent-recipient) is that children have a right to share in the standard of living and wealth of both parents. (an example might be, if mom gets huge child support payments from dad and because of it can afford a bigger house so that each child gets his or her own room the kids benefit from that, even if indirectly).

[ItWillGetBetter]

Child support is the biggest scam of the 20th and now 21st century...

Your situation could be worse, but the answer to this is YES! The amount of child support is determined by Child Support Enforcement. If you were married, the judge would determine the amount based upon your amount of income. If you are not married, then she can just simply provide proof of your parental rights, and go through Child Support Enforcement. Then your amount is calculated on your income, and you will be left with little to live on...

Child Support Enforcement doesn't care what kind of car or house you have, so if the child support amount conflicts with your lifestyle, too bad! They don't care! If you have a job that pays good money, don't go getting another higher paying job until the child support amount is established, because she will also get that money in 3yrs without even needing an attorney. Child Support Enforcement will automatically review your case in 3yrs. and they usually raise the amount of income from what you had before if you had an increase over the last 3yrs.

If your in a situation where child support has not yet been determined, they will go retro when the amount finally gets established. If it takes four months for this to happen, then they will go retro for the four months, they don't care! Then your new amount is based on the retro and current, and this means they can add interest detemining on the state you live in.

The best advice for now if there is not an established amount of child support is to get a cheap paying job, and go for about ten dollars an hour. Why??? Because they will base your child support amount on the current amount in which you make now... So why pay for your ex-wife to have free shopping money? Then, after the child support is established, then go back into the work force and pursue a higher paying job.

Why not get a part time job instead? Your ex-wife can go through Child Support Enforcement as soon as you put your social on another W-4, and then your amount changes and is to remain unchanged for 3yrs. If you want to get back at your ex-wife, then quit your job, and work for very little and move in with a friend or parents/ relative until this gets established. If you keep the job you have now, and then child suppport is established with the amount you make now, then even if you change jobs, you will still have to pay the same amount until the 3yrs. are up!

I also don't recommend getting seasonal job either! Your ex-wife can get an increase even if the job is seasonal. They use the legal term "able to make" which basically means you have the ability and or job talent to make this amount, but don't choose to, so a seasonal job can actually become a big increase for her all year long for the next 3yrs. A way around this is having garage sales, doing E-Bay auctions, do yard work or misc work and GET CASH!

You also need to read the state guidelines on child support for your state, most state make you pay until the child is 18yrs old. However, that is really starting to change in the last few years, now for college purposes, many states and courts are making child support mandatory until the child is 21yrs. old or graduates from the college/university.
I wish there was more positive news for you, however, the person with the child gets to have ALL the fun! Good luck!

Extra shopping money? How about rent, food, electricity, school supplies, oil, gas, clothes. THe person with the child does not have all the fun (being with the child yea, but supporting no)

[JudyKayTee]

I would think so. If the child is yours then you should have to pay to support it whether the mother is with someone else or not. Child support is a tricky tricky subject. If I knew more about the situation maybe it would help.

There is no information about this situation that changes the legal answer - if you are the acknowledged/recognized father you are responsible for child support until you are no longer the acknowledged/recognized father - and that's not easy to change.

[ScottGem]

I am the father of a child....I was never married to the mother. We broke up and the mother is now living in a boyfriends house with the child. Am I required to still pay some child support in this situation?

We need to get back to OP's question. The answer to that question depends on circumstances that we have not been informed about.

We need to know who is the legal parent. The legal parent is listed on the birth certificate or has been determined by a court.

Child support payments are legally necessary ONLY if there is a court oirder for support. Who the mother and child live with now is irrelevant. The only relevant issue is who the legal father is and whether a court has ordered support.

However, I do need to add that MORALLY, a parent should help support their child.