How will this affect child support

[LaStar00]

OHIO

I'm 25 year old full time student. I have a 5 year old who will be 6 in a few weeks. I just now found his real father and we're going through the process of getting him tested. He is already in jail for non-support. But my question is back when i was 20 my adopted mother forced me to sign guardnship over to her. But at that time I had medicaid and just got it back earlier this year. Everythign from enrolling my son in school and daycare my name is on. Her name is not on anything. I was just wondering with her having guardianship would that affect my chances of getting more money for child support? I have a medical insurance for both myself and my son and foodstamp card. His day has been in my name since 2002 and not my adopted mother because she makes to much and I don't. All his school and shot records my name and signautre are on. Please let me know what I should do. I already talked to her about giving me guardianship back and she said she would becasue she is tired of aruging about with me. She really doesn't do anything for my son anyway but give us a place to stay while I'm in school. I gradaute this coming May and will be moving away and living with my boyfriend who basicially supports my son. He buys him clothes, shoes and pays for him to play sports. She doesn't do any of that. I went away after I graudated high school to college about 45mins away and had my son and came back home. She said I can stay so long as I'm in school and didn't have to pay for anything.

 

[Ohiogal]

Actually let me change this -- did you just give her a POA to take care of your child for you? Guardianship goes through probate court. What court were you in? And to add.. if you gave her a POA -- which is a notarized document --
3109.59 Termination of power of attorney.
(A) A power of attorney created under section 3109.52 of the Revised Code terminates on the occurrence of whichever of the following events occurs first:

(1) One year elapses following the date the power of attorney is notarized.

(2) The power of attorney is revoked in writing by the person who created it.

(3) The child ceases to reside with the grandparent designated the attorney in fact.

(4) The power of attorney is terminated by court order.

(5) The death of the child who is the subject of the power of attorney.

(6) The death of the grandparent designated as the attorney in fact.

(B) Not later than five days after a power of attorney is terminated pursuant to division (A)(2) of this section, a copy of the revocation of an initial power of attorney or a second or subsequent power of attorney must be filed with the court with which the power of attorney is filed pursuant to section 3109.76 of the Revised Code.

Effective Date: 07-20-2004

 

[LaStar00]

We went to probate court. She just has guardianship nothing else. She has guardianship in person only since 6-13-02. She signed a fiduciary acceptance guardian paper and doesn't keep up to that at all. I take of everything from food because I have foodstamps and medical insrurance that I get from the government. Also I get daycare vouchers for my son and enrolled him in school. My name is on all his paperwork for school and my mother's name is not on a darn thing. The people at his school don't even know who she is because she has never been inside the school. Since he goes to daycare for before and afterschool care the Daycare provider has never seen her either. Also on the next of kin paper she put down the wrong person as the father. The person she put down is the one who "she thought it was" and that is incorrect. His real father is in jail right now for non-support of 3 other children. I'm just waiting to do the DNA test for that. Her reason for guardianship was becasue I was a student and unsuitable to take care of him. But I've been taking care of him his whole life. I've put him in daycare and school and I recieve money from school every semester in addition to my boyfriend helping me. But she did say she'll give the guardianship back because I was telling here I think it might affect the child support because she is the guardian but I never gave up custody. They would go by her income and she works two jobs and I know that is too much. I rather get guardianship back and they go by my income which is nothing because I'm still in school, that way I can recieve more money for my son and hopefully back child support.


What do you think?

 

[IrishLady47]

Let me see if I have this correct:

(a) the real father is in jail for non-support of 3 other children

(b) you want to make sure your income (none) is used for CS calculations instead of the guardian (your Mom) who provides you and child free housing so that the CS is higher than it would be if based on her income

(c) your boyfriend pays all expenses (other than housing) anyway

Well, does it really matter what amount the CS order is for anyway, considering "Dad"'s record on supporting his children? He's in jail because he didn't pay support for heaven's sake. Don't need a crystal ball on this one.

I'm glad you are completing your education, that is important. Once you do, why don't you concentrate on how to best support your child and yourself BY yourself. Sure, file for CS, but I wouldn't count on it in your budget.

And, please don't rely so much on boyfriend. He may be a great guy, but focus on being capable of self-support.

Legally, it sounds as if you agreed for your Mom to be the guardian, she did not have a court declare you unfit or incapable. File a motion to revoke it. Try legal aid since you're still a student.

 

[Ohiogal]

We went to probate court. She just has guardianship nothing else.

That may very well matter. Because she has a right to get the child support then.

She has guardianship in person only since 6-13-02. She signed a fiduciary acceptance guardian paper and doesn't keep up to that at all.

So what have you done about that?

I take of everything from food because I have foodstamps and medical insrurance that I get from the government.

And do you have foodstamps on the child? And medical insurance on the child? If so you may very well have issues.

Also I get daycare vouchers for my son and enrolled him in school. My name is on all his paperwork for school and my mother's name is not on a darn thing.

Again issues. And your mother's name is on a very important thing -- GUARDIANSHIP PAPERS!

The people at his school don't even know who she is because she has never been inside the school.

Issue.

Since he goes to daycare for before and afterschool care the Daycare provider has never seen her either.

Issue.

Also on the next of kin paper she put down the wrong person as the father. The person she put down is the one who "she thought it was" and that is incorrect. His real father is in jail right now for non-support of 3 other children. I'm just waiting to do the DNA test for that.

Then that is NOT the child's father. Legally this child apparently doesn't have a father. And next of kin should be you.

Her reason for guardianship was becasue I was a student and unsuitable to take care of him. But I've been taking care of him his whole life. I've put him in daycare and school and I recieve money from school every semester in addition to my boyfriend helping me. But she did say she'll give the guardianship back because I was telling here I think it might affect the child support because she is the guardian but I never gave up custody.

I agree with the other poster -- affect the child support?

They would go by her income and she works two jobs and I know that is too much. I rather get guardianship back and they go by my income which is nothing because I'm still in school, that way I can recieve more money for my son and hopefully back child support.

You most likely won't get a dime. HE IS NOT PAYING IT NOW. NOT PAYING TO THE POINT OF JAIL! And you will be imputed with an income because you are voluntarily unemployed. Start at full time minimum wage and go from there. And what can you prove dad is working?

What do you think?

I think you are not dealing with reality.

 

[LaStar00]

How is the daycare in my name a problem? She actually told me to go file and get daycare for him which I have done for the past 5 years.

Yes the foodstamps and medical are in both him and mine name. How is that a problem?

In a way I'm working. I am working with a TV show to get my experience up so I can make a demo take to send out to newstations for a job next year.

I have money put up in the bank. Next June I will be moving out of her house. I don't really care about if his father pays or not. Just want my son to know his father. When my son was born he has hemoblgin C trait, which I don't have. That is another reason I want his father in his life or him to know him at least.

I just thought of another question. I'm adopted and tried earlier this year to file to have my adoption records open but the paper came back saying I have to wait till either one of my parents dies or a sibling signs a relase form. Is there anything more I can do?

At any school my child has attended her name was never on any paper. I either had daycare or family member's name on there. Usually, I drop her off work then take my son to school. IF she is ever in the car when I take him to school she just sits there in the car and waits.

I am dealing with reality. I'm savingt my money to move with my boyfriend next summer. I am already looking at reporting jobs up there and found a school for my son which I saw over the holiday break. I have talked with the principal at the school and just waiting on enrollment for next school year.

I am on moving out of Ohio by 2009 at the latest. I recieve checks from school every semester and I just put that money in my account. I buy my son clothes when he needs them. Since he wears uniforms to school I spent probably 100 and he still has brand new pants and shirts he still hasn't worn. I bought him shoes earlier and he'll be getting some this Christmas.

I provide food for myself and my son with my foodstamp card. Also he has medical insurance. So honestly, how am I not dealing with reality? I'm trying to finish college and build up my experience so I have demo tape to send newstations. Like my professors tell me they probably won't hire you without a resume and demo tape. So that is what I'm currently working on.

 

[IrishLady47]

I don't really care about if his father pays or not. Just want my son to know his father. When my son was born he has hemoblgin C trait, which I don't have. That is another reason I want his father in his life or him to know him at least.

Understandable, even commendable. But that is not what you asked, remember?.

I was just wondering with her having guardianship would that affect my chances of getting more money for child support?

I am dealing with reality. I'm savingt my money to move with my boyfriend next summer. I am already looking at reporting jobs up there and found a school for my son which I saw over the holiday break. I have talked with the principal at the school and just waiting on enrollment for next school year.

Excellent.

I recieve checks from school every semester and I just put that money in my account. I buy my son clothes when he needs them. Since he wears uniforms to school I spent probably 100 and he still has brand new pants and shirts he still hasn't worn. I bought him shoes earlier and he'll be getting some this Christmas.

be moving away and living with my boyfriend who basicially supports my son. He buys him clothes, shoes and pays for him to play sports.

So which is it? You or him? And, anything you buy is from checks provided by the school thru some state or fed program, not your earnings.

I provide food for myself and my son with my foodstamp card. Also he has medical insurance. So honestly, how am I not dealing with reality? I'm trying to finish college and build up my experience so I have demo tape to send newstations.

You are not providing food for yourself or your son; the state & federal govt are through the food stamp program. You are not providing medical insurance; again, the state & fed govt are thru Medicaid.

This is why it seems you are not facing reality at this point. Neither you nor the child's father are supporting the child. The guardian provides housing & the govt provides everything else, including your education.

It does sound like you have a good plan for the future, stick with it and good luck to you.

 

[Silverplum]

And, anything you buy is from checks provided by the school thru some state or fed program, not your earnings.

You are not providing food for yourself or your son; the state & federal govt are through the food stamp program. You are not providing medical insurance; again, the state & fed govt are thru Medicaid.

This is why it seems you are not facing reality at this point. Neither you nor the child's father are supporting the child. The guardian provides housing & the govt provides everything else, including your education.

Dammit, I didn't know I had another kid!