[StillLuvHim28]

Hi. I will try to be brief. My (now) ex boyfriend/daughters father was recently released from jail and placed on 3 yr felony probation with opportunity for early release after 18 months, if he keeps his nose clean. My question is if someone on felony probation is put on child support and does not comply will this at all affect the felony probation he is on?

I didn't want to put him on c.sup but offered him he see his child without me around, like my mother or sister bring the baby and if she needed something he not give me cash in my hand but rather I put whatever she needs on hold at said store in his name (like layaway) and he go pick it up, that would eliminate issues between us and prove to him every cent he spent on our child is going on our child but he told me flat out he doesn't want to do nothing. So I filed c.sup and he will get first request for DNA testing (which he took one ourselves and he knows she's his already) next week, so Im worried he may run before he's due to take test on next month...

So my two actual questions are... his p.o. will be made aware by my case worker of the pending c.sup case on him but he can leave state with permission... is it likely she would give him permission knowing he may simply be trying to get out of the pending c.sup case before he is served the order for DNA testing?

And if he fails to comply with anything regarding the new c.sup case, court dates, etc. will it affect his felony probation? (I don't want the man in any more trouble than he already is, I just want him to acknowledge his kid)

Any insight into this matter would be greatly appreciated! Thanks!

[stevetcg]

Unlikely since child support is civil and probation is criminal.

Leaving the state does not protect him from being required to give a DNA test. If he DOES run, he WILL be thrown back in jail. In addition, if he fails to comply with the DNA order, a default will be filed against him. The DNA test can only get him out of paying support, not into it.

[ScottGem]

If you are applying for public assistance, they will require a support case be started to get the father to contribute. So you cannot avoid that.

A lot depends on the terms of the probation agreement, but, as Steve said, generally the probation involves criminal activity. On the other hand, its not going to look good to the PO that he is dodging his responsibilities. And that may affect how stringently the probation is enforced.

[StillLuvHim28]

So if a P.O. would look at it as "dodging responsibility" hopefully she wouldn't give him permission to leave the state knowing a new case is open but sounds to me like since it has nothing to do with probation she could just overlook it and give him permission to go. Therefore my situation is hopeless :(.

P.S. Thank you for both your answers by the way :)