Getting past support

[PBear]

What is the name of your state? Iowa

I have a 10 year old son who is having some mental health problems. I have needed to get Medicaid to pay the 150 a week it is currently costing me. The father and I were never married and I never recieved child support. Iowa Medicaid is going for child support for me but will not go after past support and I will give up my rights to that support if I don't do something about it now. I am interesting in getting that support since I have given him every chance to help us out volentarly. I have been told that I need to get an attorney but of course I don't have much money (or I wouldn't be on Medicaid). Any help, advice, comments would be greatly appreciated.

My other issue is that I live close to Omaha, NE which would hold many more attorneys than where I live and the father lives in Omaha. Can/Should I look in Omaha or my state of Iowa for an attorney. Thank you for your time to respondWhat is the name of your state?

 

[Silverplum]

What is the name of your state? Iowa

I have a 10 year old son who is having some mental health problems. I have needed to get Medicaid to pay the 150 a week it is currently costing me. The father and I were never married and I never recieved child support. Iowa Medicaid is going for child support for me but will not go after past support and I will give up my rights to that support if I don't do something about it now. I am interesting in getting that support since I have given him every chance to help us out volentarly. I have been told that I need to get an attorney but of course I don't have much money (or I wouldn't be on Medicaid). Any help, advice, comments would be greatly appreciated.

Has the father been legally determined to be the father? DNA tests? Anything through the state?
Are there any court orders for child support?

My other issue is that I live close to Omaha, NE which would hold many more attorneys than where I live and the father lives in Omaha. Can/Should I look in Omaha or my state of Iowa for an attorney. Thank you for your time to respondWhat is the name of your state?

If you hire an attorney, absolutely hire one in your home state.

 

[PBear]

Has the father been legally determined to be the father? DNA tests? Anything through the state?
Are there any court orders for child support?

He signed a paternity affidavit at the birth. And never has contested it. No court orders have ever been filed. I truly hoped that he would grow up and start helping us on his own. But wait and see has turned into now or never.

If you hire an attorney, absolutely hire one in your home state.

Ok great I will have very little in attorneys to choose from but I can probably find something. Thats is one of the downsides of living across the river from a large city. And thanks again for your time.

 

[Silverplum]

He signed a paternity affidavit at the birth. And never has contested it. No court orders have ever been filed. I truly hoped that he would grow up and start helping us on his own. But wait and see has turned into now or never.

Ok great I will have very little in attorneys to choose from but I can probably find something. Thats is one of the downsides of living across the river from a large city. And thanks again for your time.

He is not obligated legally to pay support if he is not court ordered to do so. Paternity may or may not be established, given your state's specific paternity laws. That's a requirement before setting up support or anything else. According to the link below, it looks like he has not been legally established as father.

Here's a link for info:
http://ocse.acf.hhs.gov/ext/irg/sps/report.cfm?State=IA

Good luck.

 

[CALIF-LAWPRO45]

What is the name of your state? Iowa

I have a 10 year old son who is having some mental health problems. I have needed to get Medicaid to pay the 150 a week it is currently costing me. The father and I were never married and I never recieved child support. Iowa Medicaid is going for child support for me but will not go after past support and I will give up my rights to that support if I don't do something about it now. I am interesting in getting that support since I have given him every chance to help us out volentarly. I have been told that I need to get an attorney but of course I don't have much money (or I wouldn't be on Medicaid). Any help, advice, comments would be greatly appreciated.

My other issue is that I live close to Omaha, NE which would hold many more attorneys than where I live and the father lives in Omaha. Can/Should I look in Omaha or my state of Iowa for an attorney. Thank you for your time to respondWhat is the name of your state?

My response:

Jurisdiction lies with the State where the child resides. Therefore, you need an attorney in your State. Get a local consultation with a Family law attorney.

IAAL

 

[Silverplum]

Yeah, but I already said that! You're just following me, cuz you like watching.

 

[PBear]

Thanks so much for your advice and info. I'm still considering if this will be more trouble than its worth so thats why I'm here first.

He is not obligated legally to pay support if he is not court ordered to do so. Paternity may or may not be established, given your state's specific paternity laws. That's a requirement before setting up support or anything else. According to the link below, it looks like he has not been legally established as father.

From that website

Paternity is established by court order, by a statement in court, by a foreign jurisdiction per that jurisdiction's law, or by having the father and mother complete an affidavit of paternity, filed with the state vital records department.

It's the last item here that we did fill out.

I reallize that he hasn't been legally obligated to pay but was hoping that he would do so. So are you saying since he wasn't legally obligated to pay that I shouldn't ask for the back child support? I know that I can but still not sure that I should. I am grateful for the website. It does tell me that I can file back up to 20 years.

 

[CALIF-LAWPRO45]

Yeah, but I already said that! You're just following me, cuz you like watching.

My response:

Yes, but I say it with greater aplomb.

Now, show me your tits!

IAAL

 

[Silverplum]

My response:

Yes, but I say it with greater aplomb.

Now, show me your tits!

IAAL

46 now, hon.