Should I worry?

[SimpleWord]

I live in Maryland. My son lives in Staten Island, NY. My court date is on the 29th of September. Now here is the situation. The case is to establish child support. I guess i wanted to see if there is anything that I should worry about then just a regular case and paying the child support. I HAVE NO issue paying the child support i consulted with her prior to the court to establish a plan to where i can send her money. But as difficult as she is she is still taking me to court. I am NOT on the birth certificate. I have previously sent her money but then stopped because she would always make an excuse for me not to be able to come up there and see my son. She also stated in a text that she didn’t want me to get involved and to leave her alone and let her live their lives. I am in the military so for me to take off at any time is hard. You may be asking well why I don’t just go up there. Well in 2010 she took me to court and accused me of domestic violence. She said all this “abuse” took place in my family’s house….We stayed with them, so I could save up to get an apartment..But thank God I didn’t live with her alone. The ruling was the judge did not believe her. Now with that being said I obviously can’t trust her because I don’t know what else she is going to lie about. I am glad she is taking me to court so now it is going to be black and white. Now after all this I am also worried about back paying the amount of child support that I didn’t pay. I am assuming that I don’t because I am not on the birth certificate. Is there any advice or precautions I should seek before going to court?

 

[Silverplum]

I live in Maryland. My son lives in Staten Island, NY. My court date is on the 29th of September. Now here is the situation. The case is to establish child support. I guess i wanted to see if there is anything that I should worry about then just a regular case and paying the child support. I HAVE NO issue paying the child support i consulted with her prior to the court to establish a plan to where i can send her money. But as difficult as she is she is still taking me to court. I am NOT on the birth certificate. I have previously sent her money but then stopped because she would always make an excuse for me not to be able to come up there and see my son. She also stated in a text that she didn’t want me to get involved and to leave her alone and let her live their lives. I am in the military so for me to take off at any time is hard. You may be asking well why I don’t just go up there. Well in 2010 she took me to court and accused me of domestic violence. She said all this “abuse” took place in my family’s house….We stayed with them, so I could save up to get an apartment..But thank God I didn’t live with her alone. The ruling was the judge did not believe her. Now with that being said I obviously can’t trust her because I don’t know what else she is going to lie about. I am glad she is taking me to court so now it is going to be black and white. Now after all this I am also worried about back paying the amount of child support that I didn’t pay. I am assuming that I don’t because I am not on the birth certificate. Is there any advice or precautions I should seek before going to court?

You don't owe her any support until you are ordered by the court to pay it. Any previous money you gave her is considered to be a "gift."

That said, paying CS and seeing the child are two separate matters, legally.

You need to petition for parenting time, after you are adjudicated to be the father.

 

[SimpleWord]

Cool

Now will the court make us take a paternity test before the final disposition is posted? or will that be up to me if i go to court and bring it up. If I do ask for a paternity test how will i have to get the test done and then go back up to court?

 

[nextwife]

If she's a proven liar, you'd be crazy NOT to demand a paternity test. If the child is yours, file to set a visitation schedule in accordance with your military availability. You have every right to be more than an ATM to your child. How dare she tell you to walk away and be merely content to pay and stay away!

 

[Proserpina]

The ruling was that the judge didn't believe her?

Or that there wasn't any/not enough evidence?

Two entirely different animals.

 

[BL]

The ruling was that the judge didn't believe her?

Or that there wasn't any/not enough evidence?

Two entirely different animals.

Doesn't matter legally .

The Judge tossed it .

Now let's get on to advice for CS and Visitations .

Ask for paternity to be established . Do not right off the bat admit this is your child .There's many years ahead .

If established CS will be ordered from the date CS Petition was filed .Arrears will be tacked onto monthly payments until arrears are caught up ,then you pay the monthly payments .

Since the State was never involved don't worry about past years.

If and when CS is ordered , file a Custody/Visitation Petition .

Ask for at least Joint Legal and visitations .

Don't listen to her nonsense about leaving your child alone .

What animosity she has toward you does not bar you from your child .

Stick up for your rights .

New York State Child Support Standards Act.

[U]http://www.divorcenet.com/states/new_york/ny_child_support_worksheet[/U]

Plus + In the "exercise of discretion" the court may attribute or impute income from "any resources", including: