need some help with a ?

[adorkable1]

name of the state- west virginia
Hi, my fiance has 2 kids by another girl but she never put his name on the paternity papers. He regulary pays her child support wkly altho this is done on his own, not throught court or anything. She has recently demanded to have her checks fridays mornings, and sometimes he works those days, we usually make sure she gets it between friday and monday, she has never gotten it later. she also hides in her house when he goes to visit and doesnt let him see them, this is all due to she thinks it should all go her way, oh btw we have 3 kids together ourselves. my question is. can she make these demands if he is not legally the father (name not on paternity or birth cerificate). he knows he has no rights to the boys because of this, but does she have rights to demand money at a certain time.What is the name of your state?

 

[Silverplum]

name of the state- west virginia
Hi, my fiance has 2 kids by another girl but she never put his name on the paternity papers. He regulary pays her child support wkly altho this is done on his own, not throught court or anything. She has recently demanded to have her checks fridays mornings, and sometimes he works those days, we usually make sure she gets it between friday and monday, she has never gotten it later. she also hides in her house when he goes to visit and doesnt let him see them, this is all due to she thinks it should all go her way, oh btw we have 3 kids together ourselves. my question is. can she make these demands if he is not legally the father (name not on paternity or birth cerificate). he knows he has no rights to the boys because of this, but does she have rights to demand money at a certain time.What is the name of your state?

Without a court order for support, she has no rights to demand anything at all. Likewise, without a court order for visitation, she has no obligation to let him see the kids.

He needs to have paternity established and court orders made regarding CS and parenting time.

Or, he could just drop her like a hot potato and see how she likes it.

 

[angeleyzad]

How long has this been going on? Were they married at the time? Have the courts established paternity or child support? If not, I would tell your BF to stop paying until paternity has been established, and a court order tells him to pay (He can petition the court for it as much as the mother can). As of now, if he did not sign an affidavit of paternity (doesn't matter about the birth certificate), he has no legal obligation to pay, just as he has no legal rights to visitation or anything. Someone tell me if I'm wrong, but he would only be held accountable for payments starting from the date when the procedings were filed in court. That is, of course, unless the mother was on state aid, then the state will want full reimbursement from the dad. Also, your BF may not get any credit for payments he already made direct, if the state gets involved because of state aid. (He may be able to prove that he made payments if he has receipts/cancelled checks that specify payment for child support on them, but then again, he may not get credit for those)

In other words, the mother has no rights to ask, or demand, payments until paternity/child support orders have been established through the courts.

 

[adorkable1]

been going on for almost 3 yrs, thats how old the oldest child is. no they were never married. er well lol this is a long long story, she was married, to another guy. as for stop paying, if he does and she files, wouldnt he then have to pay a huge back payment if it takes awhile? and please yes if someone knows that payments only begin when she or he files let me know. we pay by check and have a copy clearly stating its for child support. as far as aid, im not sure but i think the only thing she was for medical, im not sure for how long tho.

 

[Zephyr]

it would only be back to the date of filing, unless she was on assistance- I'm thinking if she was married when she had the kid- her ex husband may be the legal father of the child and paying cs for the child......she's got a nice little racket going- stop all payments and wait for her to file

or have dad file for visitation, joint custody and all that

 

[adorkable1]

i forgot one thing, since there is doubt about the first child, if they file and its proven he isnt his, what about all the money hes paid so far for the first child, is that just lost or can he make her pay that back?

 

[AmarieNorton]

i forgot one thing, since there is doubt about the first child, if they file and its proven he isnt his, what about all the money hes paid so far for the first child, is that just lost or can he make her pay that back?

I don't believe that she will have to pay it back. He should have addressed this from the beginning then perhaps if the child isn't his he would have never had to pay in the first place. He's partly responsible for not making sure he was the bio dad from the beginning.

 

[Zephyr]

I don't believe that she will have to pay it back. He should have addressed this from the beginning then perhaps if the child isn't his he would have never had to pay in the first place. He's partly responsible for not making sure he was the bio dad from the beginning.

I agree- he should have handled this properly from the start

 

[NotSoNew]

i forgot one thing, since there is doubt about the first child, if they file and its proven he isnt his, what about all the money hes paid so far for the first child, is that just lost or can he make her pay that back?

LOST! any money paid so for for ANY of the children is a GIFT if there is no court order. stop paying N O W !

why do people do this?

 

[adorkable1]

ppl do this because they arent as perfect as you i guess..... we know what he should have done, they were together after she got a divorce, im only simply asking for help with question not sarcasim. im trying to help him undestand what to do. no we are not the richest ppl around we cant at this moment afford to just jump and do these things, ive only wanted to know if she has the right to demand.

 

[Silverplum]

ppl do this because they arent as perfect as you i guess..... we know what he should have done, they were together after she got a divorce, im only simply asking for help with question not sarcasim. im trying to help him undestand what to do. no we are not the richest ppl around we cant at this moment afford to just jump and do these things, ive only wanted to know if she has the right to demand.

I don't know what you're getting all freaky about. If you plan to deal with other human beings, you're probably going to need a slightly thicker skin. However, I fail to see where you have been ill-treated here.

 

[fairisfair]

it would only be back to the date of filing, unless she was on assistance- I'm thinking if she was married when she had the kid- her ex husband may be the legal father of the child and paying cs for the child......she's got a nice little racket going- stop all payments and wait for her to file

or have dad file for visitation, joint custody and all that

this may not be correct.

WV Code 48-24-104(C) In paternity cases we can go back 3 years unless we can prove that: 1.) he had actual knowledge that he was the father of the child 2.) he deliberately concealed his whereabouts to evade process 3.) he deliberately misrepresented relevant information. If any one of these is present we can go back to the birth of the child.

 

[NotSoNew]

ppl do this because they arent as perfect as you i guess..... we know what he should have done, they were together after she got a divorce, im only simply asking for help with question not sarcasim. im trying to help him undestand what to do. no we are not the richest ppl around we cant at this moment afford to just jump and do these things, ive only wanted to know if she has the right to demand.

jump to do what things? what cant you afford? to pay CS that you dont have to? i was being sarcastic i just dont understand why people dont protect themselves!

 

[adorkable1]

cant afford to pay for dns test and court cost, as i said earlier he has always paid child support just because he felt it was the best thing to do

 

[AmarieNorton]

im trying to help him undestand what to do.

He should stop paying her any money w/o a court order. He should do everything though the courts (this will protect everyone involved). As far as her demanding payment on Friday mornings he can tell her that he'll be happy to pay whatever the state guidelines say that he should pay on whatever schedule they set. If she has a problem with that then tell him to tell her that it'll all get sorted out in court and to have a nice day.

ive only wanted to know if she has the right to demand.

She might think she does but she doesn't really have the right to demand anything now.