child support for 16 year old

[alkmunro]

What is the name of your state? TX

My husband has a daughter from a relationship back in High School. She is 16 and lives with her mother and stepfather in California. We get an email from them this week asking for help with senior year, graduation and college tuition. I told them we would do what we can when the expense come up as they were a year 1/2 away. She got all ugly and said " I am starting to think that it would be best if I just did this through the legal system as apparently you won't be cooperating until the feeling suits you. In California if a parent wants to be apart of a childs life then he is 100%, not just for the good stuff."

Now, we didn't find out about her until she was 14. Her mother located my husband up and emailed him. She has never asked for back child support or money until now. We have never had a DNA test done to prove that he is hers. He knew the mother was pregnant in high school but he was never sure it was his. He moved away before she had the girl but his parents still lived in the same town so she could have call them and ask to know where he was so they could do the DNA, and stuff. She never did. She waited 14 years to find him.

What are the chances of her spending money that could be used toward her duaghters expenses, on getting us to help financially? The daughter will be 17 in May. By the time she graduates she will be 18. She has never lived with us and I don't even think he is on the birth certificate.

I'm just curious on what could happen as I'm the sole provider of this family.

Thanks

 

[BelizeBreeze]

Your husband is damn lucky she didn't file for child support when the girl was born. He would be facing a lot more than graduation expenses.

And yes, the woman can and will receive child support from the moment she files until the chld turns 18.
So I suggest you stay out of it and tell hubby to start being a little more pliable. Otherwise he'll have nothing to say about it.

 

[alkmunro]

Reply

But wouldn't it take a while before anything happens? I would think they would want proof that she is his, not by just going off the mother's word.

I'm kinda in the middle of it since I'm the SOLE PROVIDER for this family. We offer to do what we can. We thought was pretty fair since she had never asked for money before.

I'm not made out of money and have my own family to take care, not that I"m saying I don't want to help because we are happy to help but I can't plan for expenses that are a year and half away.

 

[ENASNI]

deal

Sorry I try not to be too mean here... but DEAL.

Tell Husband to get a job... 16 year olds are expensive... as are 17 and 18.
And lord hope she wants to go to college... Theres that for you too.
Money money money

 

[alkmunro]

You know I came on here to get advice from knowledgeable people not opinions from idiots.

 

[BelizeBreeze]

But wouldn't it take a while before anything happens? I would think they would want proof that she is his, not by just going off the mother's word.

I'm kinda in the middle of it since I'm the SOLE PROVIDER for this family. We offer to do what we can. We thought was pretty fair since she had never asked for money before.

I'm not made out of money and have my own family to take care, not that I"m saying I don't want to help because we are happy to help but I can't plan for expenses that are a year and half away.

Although the award of child support can take a few months, the second the ex files a petition for support the clock starts running. So, if she files monday, and it's not awarded until next year at this time, then pops is going to be one-year in arrears.

So, although you may not like to hear it, It's none of your business and if you are the sole support for your family, I would strongly suggest you have a 'come to jesus' with hubby. Because he either needs a job, to win the lottery or work this out with HIS ex.

 

[AnswerMeNOW]

not completely true, BB

Although the award of child support can take a few months, the second the ex files a petition for support the clock starts running. So, if she files monday, and it's not awarded until next year at this time, then pops is going to be one-year in arrears.

That's not exactly true everywhere. In many states, the clock starts ticking from the date of the support order hearing -- NOT from the date the person files for support.

To the OP, who is "she" that was making that statement? The biomom or the daughter? If it's the daughter who made that comment, she can't do squat (except make threats that go nowhere). The biomom is just as much at fault and needs to take a look in the mirror at HERSELF! What was holding HER back from establishing DNA 16 years ago?

She (biomom) can go ahead and establish DNA. That takes a few weeks to get back. Then they schedule a date for a support hearing. That takes AT LEAST a month. Then the waiting to hear how much a month the biodad would have to pay. That WILL take several months. Then, there's a 30-day window before it becomes final -- then another 14-day window before the CS starts. Depending on how backed up their local CSEA is, it could take almost a year (but, as BB stated, during all of this time that the CSEA is backed up, arrears are building up). This is in Ohio (but I am sure the timeline in many states is similar).

By the time this is all said and done, the biomom might get a year -- if she's lucky. BTW, most CSEA's don't deal with back child support -- only current and future.

 

[BelizeBreeze]

That's not exactly true everywhere. In many states, the clock starts ticking from the date of the support order hearing -- NOT from the date the person files for support.

To the OP, who is "she" that was making that statement? The biomom or the daughter? If it's the daughter who made that comment, she can't do squat (except make threats that go nowhere). The biomom is just as much at fault and needs to take a look in the mirror at HERSELF! What was holding HER back from establishing DNA 16 years ago?

She (biomom) can go ahead and establish DNA. That takes a few weeks to get back. Then they schedule a date for a support hearing. That takes AT LEAST a month. Then the waiting to hear how much a month the biodad would have to pay. That WILL take several months. Then, there's a 30-day window before it becomes final -- then another 14-day window before the CS starts. Depending on how backed up their local CSEA is, it could takeI su almost a year (but, as BB stated, during all of this time that the CSEA is backed up, arrears are building up). This is in Ohio (but I am sure the timeline in many states is similar).

By the time this is all said and done, the biomom might get a year -- if she's lucky. BTW, most CSEA's don't deal with back child support -- only current and future.

I suggest you stop trying to play attorney and actually learn the law. The moment a petition is filed in the court system it becomes active. A hearning may take weeks, months or years to come to the court, however, the case is considered filed and active from the date of filing.

In this case, once the bio-mom files for support (since the child was born not of a marriage) a paternity test will be required by the courts as a matter of procedure. The CS may not be calculated until much later in the process, HOWEVER, once CS is awarded, it is awarded from the date of filing, NOT from the date of the first hearing.

So, if you make such assertions, I suggest you back them up with specific statutory references.

 

[AnswerMeNOW]

I suggest you stop trying to play attorney and actually learn the law. The moment a petition is filed in the court system it becomes active. A hearning may take weeks, months or years to come to the court, however, the case is considered filed and active from the date of filing.

I highly suggest you learn to stick to the subject. What you said above is correct. What you stated EARLIER, in which I responded, was not correct in all cases. You were talking abotu being in arrears. Now, you've changed the subject to talking about a case being active. Apples and oranges.

I suggest you back them up with specific statutory references

I DID! Ohio, where I live.

Thanks for playing.

 

[BelizeBreeze]

I highly suggest you learn to stick to the subject. What you said above is correct. What you stated EARLIER, in which I responded, was not correct in all cases. You were talking abotu being in arrears. Now, you've changed the subject to talking about a case being active. Apples and oranges.



I DID! Ohio, where I live.

Thanks for playing.

Listen fool, I'm not going to waste anymore time arguing with you since it's an exercise in futility. THERE ARE no arrears because there IS NO action before the court. However, once she files, the ARREARS will be automatic from the time of filing to the award by the court.

Now it's enough.

 

[alkmunro]

Reply to AnswerMeNow

The biomom stated everything, I don't think the daughter is aware of what is going on at this point. I offered to do what we could when the expenses came up and I think she was looking for us (biodad and myself) to answer with a dollar figure or yes we would split all costs. But for me I can't look that far in the future, I have to look at what we have currently approaching. I give her kudo's for starting to plan this far in advance.

I do appreciate your information..seems to be a little more than the other responses I've gotten. Each state is different in the laws.

The biomom is just as much at fault and needs to take a look in the mirror at HERSELF! What was holding HER back from establishing DNA 16 years ago? We have been wondering that as well!

 

[BelizeBreeze]

The biomom stated everything, I don't think the daughter is aware of what is going on at this point. I offered to do what we could when the expenses came up and I think she was looking for us (biodad and myself) to answer with a dollar figure or yes we would split all costs. But for me I can't look that far in the future, I have to look at what we have currently approaching. I give her kudo's for starting to plan this far in advance.

I do appreciate your information..seems to be a little more than the other responses I've gotten. Each state is different in the laws.

The biomom is just as much at fault and needs to take a look in the mirror at HERSELF! What was holding HER back from establishing DNA 16 years ago? We have been wondering that as well!

And the point still remains, she can file at any time and if he is proven to be the father, receive child support. YOUR issue is with your husband who is not working. In the situation with the child, you have no legal standing.

So, as I said before, I suggest you have a 'come to jesus' with hubby because he's about to pull you and your family into something he himself caused.

 

[alkmunro]

And the point still remains, she can file at any time and if he is proven to be the father, receive child support. YOUR issue is with your husband who is not working. In the situation with the child, you have no legal standing.

So, as I said before, I suggest you have a 'come to jesus' with hubby because he's about to pull you and your family into something he himself caused.

My issue is not that my husband is not working! He is not working because he goes to school. I do have a legal standing cause the child support would come out of my wages.

He himself didn't cause all this. The biomom is just as much as fault for waiting until the child was 14 to find him...she had ample time when the child was born to find him and work something out but SHE chose not too.

 

[BelizeBreeze]

My issue is not that my husband is not working! He is not working because he goes to school. I do have a legal standing cause the child support would come out of my wages.

He himself didn't cause all this. The biomom is just as much as fault for waiting until the child was 14 to find him...she had ample time when the child was born to find him and work something out but SHE chose not too.

Listen lady, I don't give a damn if you want to hear it or not but you walk into court with hubby and open your mouth you'll be escorted out of the courthouse. You have NO LEGAL STANDING in this situation. YOu are a legal stranger. PERIOD.

Now pull your head out of your orafice and start listening. Because your ONLY issue is with hubby. The court CAN order him to get a job, it CAN order child support from the moment mommy files and it CAN tell hubby that if he refuses to get a job and pay his legal obligations he will sit his butt in jail.

YOU have absolutely nothing to do wtih this.

 

[alkmunro]

And are you a licensed attorney? I DOUBT IT! I think my lawyer will know a little bit more than you