not sure

[amazil]

What is the name of your state? Oregon
My question is, is it possible to be ordered by the court to pay back child support when the child is not in the state for more than six months. I'm being asked to pay for the seven months that the child was not in the state of Oregon.

 

[rmet4nzkx]

You will need to give us more information than that, such as why was the child out of the state for that time.

 

[Phnx02]

Assuming your child had to eat during the last 7 months......of course you're still obligated to pay CS....no matter where he lives!

 

[Shay-Pari'e]

What is the name of your state? Oregon
My question is, is it possible to be ordered by the court to pay back child support when the child is not in the state for more than six months. I'm being asked to pay for the seven months that the child was not in the state of Oregon.

You are asking a very *Blanket* question, and no one can say for certain.

 

[amazil]

You will need to give us more information than that, such as why was the child out of the state for that time.

Visiting family and the mother had to go to school. I could have had the child for the seven months that she was out of state. But the mother sent the child to her grandmother without my consent.

 

[amazil]

Assuming your child had to eat during the last 7 months......of course you're still obligated to pay CS....no matter where he lives!

But the mother was not with the child during the seven months that the child was out of state. The child was with other family members. The mother filed child support after the seven months that the child was out of state. The mother claims that I should pay child support for the seven months that the child was not in her custody. I could have cared for the child during those seven months. Could the mother decide to send the child more than a thousand miles away without the fathers consent? Even though there's no parenting plan involved.

 

[LdiJ]

But the mother was not with the child during the seven months that the child was out of state. The child was with other family members. The mother filed child support after the seven months that the child was out of state. The mother claims that I should pay child support for the seven months that the child was not in her custody. I could have cared for the child during those seven months. Could the mother decide to send the child more than a thousand miles away without the fathers consent? Even though there's no parenting plan involved.

I am going to make alot of assumptions here....because you aren't giving the necessary info to get good answers. So if my assumptions are wrong, give better info so that you will get better answers.

I am assuming this is an unwed situation and the child is an infant or very young. I am assuming that no court orders have been previously made, and that the mom is just now filing for child support.

If the state was involved in support the child (welfare, food stamps, medicaid etc.) then you are going to get hit with back support no matter with whom the child lived. That money won't go to the mom, it will go to the state to partially reimburse the state for the aid that was provided.

If the state was not involved in the support of the child, then mom probably won't prevail on the issue of back support. However back support will be ordered from the day she first filed the case, so start saving your money.

 

[linm]

Agreed; start paying the 7 months

I'm going to go out on a limb too: In a paternity case, it is common for support to be ordered from birth, even if the case isn't filed for years, at least in my state. As previous posters pointed out, the child ate during that time; had clothing and diapers; a place to live; heat in the winter; etc. etc.

You say the child was out of state; IF the mother signed over custody to someone else, that person would have the same right to sue you for support, in most cases. If she didn't sign over custody, it's more like she set up a free babysitter while she went to school and be happy you're not also getting hit with daycare expense and that your child was cared for by family. Whatever contribution her family chooses to make to her and her child does not in any way lessen your obligation to contribute to your child's support in most cases. Yes, sometimes if a family makes significant contributions it can be considered income, but be careful walking down that road. Your family probably gives you gifts, too.

You say you could have taken care of the child during that time. Did you make any efforts to provide care? Did you ask for custody or even visitation during that seven months?

Go see your kid. You're going to hate yourself someday if you don't.

 

[rmet4nzkx]

I'm going to go out on a limb too: In a paternity case, it is common for support to be ordered from birth, even if the case isn't filed for years, at least in my state. As previous posters pointed out, the child ate during that time; had clothing and diapers; a place to live; heat in the winter; etc. etc.

You say the child was out of state; IF the mother signed over custody to someone else, that person would have the same right to sue you for support, in most cases. If she didn't sign over custody, it's more like she set up a free babysitter while she went to school and be happy you're not also getting hit with daycare expense and that your child was cared for by family. Whatever contribution her family chooses to make to her and her child does not in any way lessen your obligation to contribute to your child's support in most cases. Yes, sometimes if a family makes significant contributions it can be considered income, but be careful walking down that road. Your family probably gives you gifts, too.

You say you could have taken care of the child during that time. Did you make any efforts to provide care? Did you ask for custody or even visitation during that seven months?

Go see your kid. You're going to hate yourself someday if you don't.

Please ignore limn's post, it contains no legally sound advice.

As previously stated, we need the facts to give you advice, what the current orders say, if there are any orders? If the mother was unavailable then they had an equal obligation to support the child, but it will all hinge on what the actual orders are and what you can do, that is the legal issue not a moral issue.

 

[amazil]

You say you could have taken care of the child during that time. Did you make any efforts to provide care? Did you ask for custody or even visitation during that seven months?

Go see your kid. You're going to hate yourself someday if you don't.

I've tried to convince the mother for the child to stay with me and she agreed. When that period came the mother called me that she has decided to send the child to the grandmothers house, which is located in Tinian, (near Guam in the pacific islands) for that period of time. She filed child support AFTER the child came back to the United States.

 

[somedude]

Ignore Limn

I'm going to go out on a limb too:

Yeah and you fell on your head, which caused you to write such a stupid post.

In a paternity case, it is common for support to be ordered from birth, even if the case isn't filed for years, at least in my state.

WRONG!! It is NOT common for support to be ordered from birth. It varies...just like you stated ("at least in my state.") Many local CSEA simply deal with support from the date it was filed. They don't deal with back support and the custodial parent will have to get an attorney and deal with that separately.

IF the mother signed over custody to someone else, that person would have the same right to sue you for support, in most cases.

Quit talking out of your ass, Limn. The question that should be asked is "why weren't YOU asked?" THAT is the issue here. Is there something about you we need to know about that isn't being told?

You say you could have taken care of the child during that time. Did you make any efforts to provide care? Did you ask for custody or even visitation during that seven months? Go see your kid. You're going to hate yourself someday if you don't.

Here's an idea, Limn...STFU (shut the fock up!). You are making assumptions that this individual didn't try. Again, you or I don't know the situation. Maybe the Non CP wasn't even aware of this! And stop with this "go see your kid" BS, moron. The poster never stated they didn't want to see their kids.

This is the problem with this site. Idiots like Limn posting advice as if they know what they're talking about. Again, this site provides entertainment more than advice from far too many people.

 

[amazil]

The reason why my daughter's mother does not want me to visit my daughter is because her new partner gets jealous and she's using an excuse that I am not willing or trying to visit my daughter and not paying child support. But my reason of not paying child support is because the mother said that I can start seeing my daughter, when I start paying child support. Last year I paid half the year of child support and I only got to see my daughter ONCE. I can't talk to my daughter's mother directly, because she does not want to talk to me, and she will not give me a contact number. But I try to get in contact with her thru other family members and ask the other family members her phone number, but they will not give it to me. So then I give a message to the other family members to relay it to her, but I get no reply to any of the messages I sent.

 

[Rushia]

The reason why my daughter's mother does not want me to visit my daughter is because her new partner gets jealous and she's using an excuse that I am not willing or trying to visit my daughter and not paying child support. But my reason of not paying child support is because the mother said that I can start seeing my daughter, when I start paying child support. Last year I paid half the year of child support and I only got to see my daughter ONCE. I can't talk to my daughter's mother directly, because she does not want to talk to me, and she will not give me a contact number. But I try to get in contact with her thru other family members and ask the other family members her phone number, but they will not give it to me. So then I give a message to the other family members to relay it to her, but I get no reply to any of the messages I sent.

Support and visitation are two separate issues. You need to take the mother to court to see your child. If you are court ordered to pay support then you have to pay whether or not you see your child as she could file contempt charges against you. When you file for visitation and she doesn't follow the order then you could file contempt on her. Her "partner" has no say in the situation as stepparents and SO's have no legal standing to the child.

 

[amazil]

Support and visitation are two separate issues. You need to take the mother to court to see your child. If you are court ordered to pay support then you have to pay whether or not you see your child as she could file contempt charges against you. When you file for visitation and she doesn't follow the order then you could file contempt on her. Her "partner" has no say in the situation as stepparents and SO's have no legal standing to the child.

What is the process to take her to court? What do I do first? Where do I go? Where can I take her to court? In my county? Or in her county?

 

[nagol818]

Hi. I'm dealing with Oregon too.
In my county? Or in her county? You deal with Oregon.

Here is a website that should be able to help you. Call the number at the bottom of the home page and start asking questions.

http://dcs.state.or.us/