w/c settlement and child support

[dumb founded]

What is the name of your state? florida

I was never married to the mother of my son but I am now.I have 7 child all together.a court order was issued but never inforced.I did send support not much not for long but i did help my son in things he needed as in football like fees,and other things that he needed .i did buy school clothes every year and supplies.This was all fine with the mother.in the order it says pay her never thru the courts.i got hurt 4 years ago and my wife has been supporting me and my kids.when i was working i made maybe 350.00 to 400.00 a week.my son is 19 now and the order was in 1991 it saids active 1998. Now that i'm getting a worker comp settlement she wants child support of 60,000.00 I only got 70,000.00 i do have 6 other kids with my wife.can she sue me for this .He is in college.I pay for his frat tution.i did offer her 5,000.00 and buy him and new car plus still pay frat cost.what can she do?or what can i do


help i really don't feel i owe one kid more than i can give the others .I see my son all the time .I pay all plane fares every year to see him.i really do what i can.She never enforced or asked for anything until hey wait hes getting money.and said to me those other kids are not my problem.NO but they are mine.

a fair dad really trying

 

[stealth2]

Here's your problem - you apparently had an order to pay a certain amount, and you didn't. Football fees and frat fees are pretty much not necessary activities. Food is. College tuition is certainly much more important than whether your kid is in a frat or not. While you were paying for football, Mom was paying for food, etc. Buying him clothes did not absolve you of paying the ordered support.

How many of these 7 kids are covered under the support order? Or did they all arrive subsequent to the 19yo? Honestly? How did you think you were going to support 7 kids on $400 a week?

 

[dumb founded]

What is the name of your state? florida

I was never married to the mother of my son but I am now.I have 7 child all together.a court order was issued but never inforced.I did send support not much not for long but i did help my son in things he needed as in football like fees,and other things that he needed .i did buy school clothes every year and supplies.This was all fine with the mother.in the order it says pay her never thru the courts.i got hurt 4 years ago and my wife has been supporting me and my kids.when i was working i made maybe 350.00 to 400.00 a week.my son is 19 now and the order was in 1991 it saids active 1998. Now that i'm getting a worker comp settlement she wants child support of 60,000.00 I only got 70,000.00 i do have 6 other kids with my wife.can she sue me for this .He is in college.I pay for his frat tution.i did offer her 5,000.00 and buy him and new car plus still pay frat cost.what can she do?or what can i do


help i really don't feel i owe one kid more than i can give the others .I see my son all the time .I pay all plane fares every year to see him.i really do what i can.She never enforced or asked for anything until hey wait hes getting money.and said to me those other kids are not my problem.NO but they are mine.

a fair dad really trying

no a amount was never set and my wife works and really makes well .

 

[stealth2]

in the order it says pay her never thru the courts.

So WHAT order are you talking about?

 

[dumb founded]

So WHAT order are you talking about?

see i had my son for 6 years and she left got her crap together and took him back one day from school.i never did nothing to keep custody i guess i was young and stupid .when she took him back she went to court and got custody of him which yes i didn't i should of in this paper it shows her as custody and under child support all it says

"order support payments made direct to petitioner--allowed"


no amount nothing else so i'm confused really.hes 19 she is seeking a lawyer now.can she do anything

 

[Gracie3787]

see i had my son for 6 years and she left got her crap together and took him back one day from school.i never did nothing to keep custody i guess i was young and stupid .when she took him back she went to court and got custody of him which yes i didn't i should of in this paper it shows her as custody and under child support all it says

"order support payments made direct to petitioner--allowed"


no amount nothing else so i'm confused really.hes 19 she is seeking a lawyer now.can she do anything

This is confusing, but you are saying that although she recieved legal custody thru a court order, there isn't any OTHER court order for a certain amount of CS?

 

[stealth2]

SOMEwhere, there is a number for child support. And yes, she has every right to go after the support you were ordered to pay and didn't - even tho he's 19. And there's interest that keeps accruing until it's paid. You are not going to get out of paying what you owe. That's the long and the short of it.

 

[Gracie3787]

What is the name of your state? florida

I was never married to the mother of my son but I am now.I have 7 child all together.a court order was issued but never inforced.I did send support not much not for long but i did help my son in things he needed as in football like fees,and other things that he needed .i did buy school clothes every year and supplies.This was all fine with the mother.in the order it says pay her never thru the courts.i got hurt 4 years ago and my wife has been supporting me and my kids.when i was working i made maybe 350.00 to 400.00 a week.my son is 19 now and the order was in 1991 it saids active 1998. Now that i'm getting a worker comp settlement she wants child support of 60,000.00 I only got 70,000.00 i do have 6 other kids with my wife.can she sue me for this .He is in college.I pay for his frat tution.i did offer her 5,000.00 and buy him and new car plus still pay frat cost.what can she do?or what can i do


help i really don't feel i owe one kid more than i can give the others .I see my son all the time .I pay all plane fares every year to see him.i really do what i can.She never enforced or asked for anything until hey wait hes getting money.and said to me those other kids are not my problem.NO but they are mine.

a fair dad really trying

Have you recieved your settlement yet? If not, do you know if the WC judge has approved the settlement yet? This is important for the following reasons:

1. IF a CS order with an amount DOES EXIST, depending on how much the arrears are, you may be in for a huge shock-
A WC judge may not approve a settlement if it does not cover CS arrears owed, or if it covers arrears, but leaves claiment without any money.
And yes, if there is a court order, the WC judge will find out about it, even without you admitting it.

2. IF there really isn't any amount set in any court orders, you will recieve the full settlement, BUT:
She can go back to court and try to have an amount set and collect from you. The only thing you can do if she does is provide reciepts for ALL forms of payments made for your son's expenses, and you could try the defense of Laches since she apparently chose not to pursue a set amount of support from you.
Either way, it's a mess and I wish you luck.

 

[dumb founded]

Have you recieved your settlement yet? If not, do you know if the WC judge has approved the settlement yet? This is important for the following reasons:

1. IF a CS order with an amount DOES EXIST, depending on how much the arrears are, you may be in for a huge shock-
A WC judge may not approve a settlement if it does not cover CS arrears owed, or if it covers arrears, but leaves claiment without any money.
And yes, if there is a court order, the WC judge will find out about it, even without you admitting it.

2. IF there really isn't any amount set in any court orders, you will recieve the full settlement, BUT:
She can go back to court and try to have an amount set and collect from you. The only thing you can do if she does is provide reciepts for ALL forms of payments made for your son's expenses, and you could try the defense of Laches since she apparently chose not to pursue a set amount of support from you.
Either way, it's a mess and I wish you luck.

No i haven't got the money yet and they already did a search and nothing comes up.I talked to her on the phone that when she didn't like the offer and said she getting a lawyer.yes it has been approved just waiting for the lawyer to have check in hand

 

[stealth2]

Dude - do you REALLY think roughly $100/mo is a reasonable offer?

 

[Gracie3787]

Dude - do you REALLY think roughly $100/mo is a reasonable offer?

Stealth,
I always respect, and usually agree with you, but do you realize that in the OP's situation the OP has provided some form of support and assistance WITHOUT a court order, and that the mother VOLUNTARILY accepted the support and assistance that was given by OP?

Under those circumstances, combined with the relatively small WC settlement (which is supposed to last OP at least until SSDI begins) I believe that OP's offer to the mother is very fair, and IF OP goes in front of a law abiding, honest Judge, a judge would feel the same way.

The most important part of this is that apparently OP has a good relationship with son, and that is worth more money than exists in this world.

I do agree that OP was stupid for having more and more kids, but that is something that 1. he has to live with and 2. the mother who wants money NOW apparently accepted until now.

Gracie

 

[Gracie3787]

No i haven't got the money yet and they already did a search and nothing comes up.I talked to her on the phone that when she didn't like the offer and said she getting a lawyer.yes it has been approved just waiting for the lawyer to have check in hand

My personal, not legal, advice- continue to pay for what you have already been paying for. In the meantime, put the $5,000.00 plus money for car etc. into a special savings account. If and when she files for the support, request mediation make your offer again and see what happens. Under the circumstances it would be foolhardy of you to give her any money before she either agrees in writing or a court orders it.
Good luck
Gracie