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KCchiefs86

Junior Member
What is the name of your state (only U.S. law)? Colorado is the state of the mother, Ohio is my state

I was in a committed (on my part anyway) relationship with a woman while living in Colorado. I was already planning to move to Ohio to work towards my doctorate. She got pregnant, and we agreed that she could move out too and we could raise the child. About two weeks before moving she decided not to move with me and instead moved in with her mother and started working.

Although she now tells me she wants me to have nothing to do with the child, she still wants to take me to court for child support (so it sounds).

I previously informally agreed to help pay for her medical bills that needed to be paid before she was going to go on Medicaid. I haven't given her any money yet because she said she would send me the invoice, etc. and hasn't so far. This was before she said she was going to take me to court.

So the circumstances:
1. I live in Ohio, work as a graduate assistant and get paid about $1250 per month (net) 9 months out of the year
2. I am not able to work a second job as part of my contract with the university.
3. She is working part time and attending school, while living with a parent (and all her personal expenses then are covered). I am unsure of her income, likely lower than mine.
4. I have many expenses - living, utilities, car, insurance, etc.
5. I was willing to set something up informally where I would provide her with what I could, when I could. But I have very little income so it may not have been much.
6. She will be on Medicaid and (perhaps) WIC [food stamps], otherwise those expenses will be covered by her family.

What am I likely to be looking at in terms of child support and any defense against being taken to the cleaners. We had a full agreement in place to move and raise the child together which she broke but I was already fully committed to my school, my job, my rental unit, etc. She had no ties in Colorado.

Thank you and let me know if you need any more information
 


Proserpina

Senior Member
I'm not understanding "taken to the cleaners".

You will likely be ordered to pay child support according to state guidelines. I hate to say this, but you may have to postpone your doctorate studies in order to support your child.

Also, if Mom receives certain types of State aid, the State can also come after you for reimbursement. You can, however, request that she is imputed an income equal to at least 40 hours @ min wage.

Believe it or not, court orders actually protect all of you. Specially the child.

(Is the child even born yet, incidentally?)
 

mistoffolees

Senior Member
I'm not understanding "taken to the cleaners".

You will likely be ordered to pay child support according to state guidelines. I hate to say this, but you may have to postpone your doctorate studies in order to support your child.

Also, if Mom receives certain types of State aid, the State can also come after you for reimbursement. You can, however, request that she is imputed an income equal to at least 40 hours @ min wage.

Believe it or not, court orders actually protect all of you. Specially the child.

(Is the child even born yet, incidentally?)
It's all very standard (maybe this site should stop someone from posting a question until they've actually searched for the answer).

- Child support will be calculated on the basis of your income - look up the CS calculator for Colorado:
Colorado Child Support Calculator - AllLaw.com
- If it is determined that you're voluntarily underemployed, you could be imputed a full-time income based on your earning ability
- Mom can't collect CS until paternity is established. Do not voluntarily agree to paternity, insist on a test to protect everyone.
- Once paternity is established, you can file for joint legal custody and/or visitation. For an infant, visitation is almost certainly going to be in Colorado for quite some time. You will not get primary physical custody.
- Your expenses do not matter. If you can't afford to live and to pay your legal CS obligation, then you need to get a better-paying job.
- If Mom isn't working or is voluntarily underemployed, you can ask for her to be imputed a full time wage, as well.
- If you and Mom reach an agreement that differs from the standards, you can submit it to the court. If Mom were not receiving any state aid, the court would probably accept it. Since Mom will be receiving state aid, the court may insist on standard support levels.
 

stealth2

Under the Radar Member
Why should her family support your kid? That's something both she and you should be doing.
 

ecmst12

Senior Member
How can you say she has no ties to colorado when clearly her family is there?

You don't have to give her a penny until there is a court order in place, especially if the child isn't even born yet. Once it is, it would be prudent to get a paternity test done as part of the court proceedings - just to prevent any questions later on. Once paternity is established, you can file for visitation - it won't be her choice whether you are part of the child's life. But it DOES depend on how committed you are to having a relationship with the child.
 

Isis1

Senior Member
I'm not understanding "taken to the cleaners".

You will likely be ordered to pay child support according to state guidelines. I hate to say this, but you may have to postpone your doctorate studies in order to support your child.

Also, if Mom receives certain types of State aid, the State can also come after you for reimbursement. You can, however, request that she is imputed an income equal to at least 40 hours @ min wage.

Believe it or not, court orders actually protect all of you. Specially the child.

(Is the child even born yet, incidentally?)
FYI, if mom is collecting foodstamps or any type of state aid, then it is quite possible the state will calculate mom at a 0 income.
 

KCchiefs86

Junior Member
Thanks for the responses, and I did read a lot of information before posting.

I posted namely because of two circumstances that I wasn't sure about:
1. Her refusing to move with me 2 weeks (really about a week and half) prior to the move. Obviously there was no legal agreement, but it did totally change the situation abruptly.

2. Her being explicit in her desire to not have me involved in any way (specifically, giving up my parental rights) - obviously if she makes that known in court and the court agrees I understand the situation - I was wondering if her making that known had any effect, even if she didn't agree to it in court.

And in response to the first reply - no, the child won't be born for another 6 and 3/4 months.
 

Proserpina

Senior Member
FYI, if mom is collecting foodstamps or any type of state aid, then it is quite possible the state will calculate mom at a 0 income.


In Colorado and/or Ohio? For real?

Sure as Hades ( :cool: ) wouldn't happen here ;)

The CP can ABSOLUTELY be imputed min wage for the purposes of calculating child support.

But, I haven't checked CO or OH. Perhaps my boo-boo!
 

Isis1

Senior Member
Thanks for the responses, and I did read a lot of information before posting.

I posted namely because of two circumstances that I wasn't sure about:
1. Her refusing to move with me 2 weeks (really about a week and half) prior to the move. Obviously there was no legal agreement, but it did totally change the situation abruptly.

2. Her being explicit in her desire to not have me involved in any way (specifically, giving up my parental rights) - obviously if she makes that known in court and the court agrees I understand the situation - I was wondering if her making that known had any effect, even if she didn't agree to it in court.

And in response to the first reply - no, the child won't be born for another 6 and 3/4 months.
mom saying she doesn't want you in the child's life has no bearing on the child support case. none. mom will not be able to terminate your parental rights unless there is an adopting stepparent AND with your consent. it's up to you to utilize your parental rights. and you will still be obligated to pay child support.
 

stealth2

Under the Radar Member
Thanks for the responses, and I did read a lot of information before posting.

I posted namely because of two circumstances that I wasn't sure about:
1. Her refusing to move with me 2 weeks (really about a week and half) prior to the move. Obviously there was no legal agreement, but it did totally change the situation abruptly.
And it is absolutely her right to have changed her mind.

2. Her being explicit in her desire to not have me involved in any way (specifically, giving up my parental rights) - obviously if she makes that known in court and the court agrees I understand the situation - I was wondering if her making that known had any effect, even if she didn't agree to it in court.
If you think that's going to get you out of supporting your child (assuming that the babe IS yours...)? You can forget that plan.
 

Proserpina

Senior Member
Thanks for the responses, and I did read a lot of information before posting.

I posted namely because of two circumstances that I wasn't sure about:
1. Her refusing to move with me 2 weeks (really about a week and half) prior to the move. Obviously there was no legal agreement, but it did totally change the situation abruptly.

2. Her being explicit in her desire to not have me involved in any way (specifically, giving up my parental rights) - obviously if she makes that known in court and the court agrees I understand the situation - I was wondering if her making that known had any effect, even if she didn't agree to it in court.

And in response to the first reply - no, the child won't be born for another 6 and 3/4 months.


1. Doesn't matter. There is no child yet.

2. Doesn't matter. There is no child yet.


(Legally speaking).

And you cannot "sign over" parental rights in the manner she appears to be describing.
 

KCchiefs86

Junior Member
1. Doesn't matter. There is no child yet.

2. Doesn't matter. There is no child yet.


(Legally speaking).

And you cannot "sign over" parental rights in the manner she appears to be describing.
Thanks everyone again. Even if you feel you are telling me nothing since none of it inevitably matters, I needed to know that.

And to clarify: If both biological parents agree and the court agrees then one parent can relinquish their parental rights, correct? I realize the court agreeing is the hard part and likely wouldn't apply (nor do I want it to) but if they do then it is a legal process (like in the case of a step parent or something as someone else said above)
 

Isis1

Senior Member
Thanks everyone again. Even if you feel you are telling me nothing since none of it inevitably matters, I needed to know that.

And to clarify: If both biological parents agree and the court agrees then one parent can relinquish their parental rights, correct? I realize the court agreeing is the hard part and likely wouldn't apply (nor do I want it to) but if they do then it is a legal process (like in the case of a step parent or something as someone else said above)
it is a very serious legal process. not something mom or dad can do on a whim.
 

Proserpina

Senior Member
Thanks everyone again. Even if you feel you are telling me nothing since none of it inevitably matters, I needed to know that.

And to clarify: If both biological parents agree and the court agrees then one parent can relinquish their parental rights, correct? I realize the court agreeing is the hard part and likely wouldn't apply (nor do I want it to) but if they do then it is a legal process (like in the case of a step parent or something as someone else said above)


IF there is a stepparent willing to adopt and all parties agree?

Yeap, that can happen.

But outside of that? Not happening.

The court wants (except in a teeny number of States) TWO parents to be responsible for a child.
 

ecmst12

Senior Member
And if she still has 7 months to go, she could miscarry or even decide to abort, and none of it will even matter.
 

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