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11-05-2009, 10:06 PM
| | Junior Member | | Join Date: Nov 2009
Posts: 4
| |  Child Support
What is the name of your state (only U.S. law)? Florida
I've always believed a child to be mine. I was incarcerated when he was born, upon being released the mother informed me that he was not mine and if I pursued her that I would go to jail for stalking. I have a lengthy record, no violence or anything, just been in a fair amount of trouble and have not had very good experience with the law, so I was scared and complied with her request. That was 3 years ago. Just today a friend ran into my ex and she told them that I could see my child if I went and applied for paternity and agreed to pay support. This i'd have no problem with, seeing how i'd really like to see my boy! My question is if i'd be required to pay back support for 3 years? At this time i'm receiving unemployment, as i'm an out of work mason, so the prospect of work is slow right now in Florida. I really want to see my boy, though I don't know what I could do about signing myself thousands of dollars in arrears.
Please if anyone has any advice I don't know what to do, all I know is that i've wanted to see him all this time... |
11-05-2009, 10:09 PM
| | Senior Member | | Join Date: Nov 2007
Posts: 8,492
| | Quote:
Originally Posted by glass816  What is the name of your state (only U.S. law)? Florida
I've always believed a child to be mine. I was incarcerated when he was born, upon being released the mother informed me that he was not mine and if I pursued her that I would go to jail for stalking. I have a lengthy record, no violence or anything, just been in a fair amount of trouble and have not had very good experience with the law, so I was scared and complied with her request. That was 3 years ago. Just today a friend ran into my ex and she told them that I could see my child if I went and applied for paternity and agreed to pay support. This i'd have no problem with, seeing how i'd really like to see my boy! My question is if i'd be required to pay back support for 3 years? At this time i'm receiving unemployment, as i'm an out of work mason, so the prospect of work is slow right now in Florida. I really want to see my boy, though I don't know what I could do about signing myself thousands of dollars in arrears.
Please if anyone has any advice I don't know what to do, all I know is that i've wanted to see him all this time... | child support and visitation are two seperate issues.
child support will be based on the date of filing. not from the birth of the child. unless state assistance was provided.
go file to establish paternity/custody/visitation/support.
good luck! and congratulations!
and btw, if you had filed 3 years ago, it would not have been stalking. so you missed out on a good chunk. word of the wise, NEVER take legal advice from an ex. |
11-05-2009, 10:15 PM
| | Junior Member | | Join Date: Nov 2009
Posts: 4
| | | so if i'm the one to voluntarily file i'll only owe current support and only have to pay back whatever assistance she might have received from the state...
Thank you for your assistance, i'm really lost on these matters... Thank you |
11-05-2009, 10:20 PM
| | Senior Member | | Join Date: Nov 2007
Posts: 8,492
| | Quote:
Originally Posted by glass816 so if i'm the one to voluntarily file i'll only owe current support and only have to pay back whatever assistance she might have received from the state...
Thank you for your assistance, i'm really lost on these matters... Thank you | if you file. let's say, tomorrow. the arrears will accrue starting tomorrow.
if mom received assistance, you MAY owe child support from the time mom started receiving assistance, until the dad mom stopped using assistance. IF she was receiving cash assistance.
go file. get it started. and keep in mind, if you file for child support with the state, GET A PATERNITY TEST! i cannot say that loud enough!! do NOT accept paternity until the DNA results are in.
now, if you file with the state, keep in mind you have to file seperately for the custody and visitation as the state only covers paternity and support.
check the local court where mom resides, which is where you will file. |
11-05-2009, 10:27 PM
| | Junior Member | | Join Date: Nov 2009
Posts: 4
| | | I don't want you to think that i'm trying to get out of anything and under ideal circumstances i'd have no problems agreeing to the back support, it's just with the situation i'm in I barely can afford to eat myself without out adding exorbitant debt to myself that I might not be able to cover and ultimately be adding insult to injury with the fact that this might turn into a purge situation and then i'd have warrants issued and be worse off and still not get to see my son. |
11-05-2009, 11:00 PM
| | Senior Member | | Join Date: Nov 2007 Location: The Heart o' Dixie
Posts: 3,225
| | Quote:
Originally Posted by glass816 I don't want you to think that i'm trying to get out of anything and under ideal circumstances i'd have no problems agreeing to the back support, it's just with the situation i'm in I barely can afford to eat myself without out adding exorbitant debt to myself that I might not be able to cover and ultimately be adding insult to injury with the fact that this might turn into a purge situation and then i'd have warrants issued and be worse off and still not get to see my son. | Then google a child support calculator for your state and run the numbers. And you can file for visitation without filing to pay for child support (even though Mom will probably counterfile when she gets served) because the two are separate issues. While the two kinds of cases may be heard at the same time, child support is not like buying a chance to see a child.
__________________ Actions have consequences. Remember Newton's Third Law of Motion in everything you do.  |
11-05-2009, 11:11 PM
| | Junior Member | | Join Date: Nov 2009
Posts: 4
| | | Thank You Very much for your response, I can't believe after all this time i'm going to get the opportunity to finally see my boy, thank you for helping to lay my financial fears to rest... I will be started the process ASAP, i've done nothing but smile since i've received the news of her change of heart on issues of me seeing my boy... |
11-05-2009, 11:22 PM
| | Senior Member | | Join Date: Nov 2007
Posts: 8,492
| | Quote:
Originally Posted by glass816 Thank You Very much for your response, I can't believe after all this time i'm going to get the opportunity to finally see my boy, thank you for helping to lay my financial fears to rest... I will be started the process ASAP, i've done nothing but smile since i've received the news of her change of heart on issues of me seeing my boy... | well, definitely come back if you need help, or even just to update us. we always love to hear wonderful examples and the outcomes!!  | |
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