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Parents living in different states, child support... Just one giant mess.

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stormyskies87

Junior Member
Ok. I am trying to get some information for someone I know going through this giant mess. So please, bare with me.

So, he moved from Pennsylvania to North Carolina however many years ago. Got bad into drugs. Met a girl whom was also into drugs. Dated for awhile. Left her and moved back to PA to get away from her and said drugs. He lived in Pa for several months and got clean and then ended up going back to her and getting on drugs again. So, as soon as he moves back, she wants to have a baby. In his drug induced state, he decided this would be a great idea. Within weeks of him moving back, she was pregnant. They had their baby. He stuck around for 2-3 years trying to make it work but they were both so bad into drugs, he left again for Pennsylvania to get clean. He succeeded. She got clean... So on and so forth. On a side note, this child looks nothing like him and he often wonders if he is even his. So that's the background information.

They decided on a set amount of child support on their own without going through the courts. He has given her $280 every month since he's left 5 years ago. He's even given her extra money when she needed it. He's kept every receipt. They didn't go through the courts because according to her, he would have to pay almost $500, cause that's what single parents of 1 would get where she lives, according to her. Everything I checked into with his current income estimates between $50 and $100 depending on her income and what not (things that I had to guess at cause I don't know). I've also heard, that since it's not through the courts, that everything he has sent her is considered a gift and she can continue to receive it from him and then when the kid is 18, take him for 16 years of back child support. How true is this? How screwed is he? And what should/can he do to improve his situation?

The mother will only let him go to North Carolina to see him. She won't make any exceptions to allow him to visit in Pennsylvania. To get the money and time off from work to drive 10 hours to see his kid and then drive back is near impossible. So, for the first time in 5 years, he has finally went down to visit. All went well. He was thinking that perhaps in the summer when his son is out of school that he could come up for a few weeks and spend some of the summer with him. She will not allow that unless she can come and stay with him. He doesn't want to visit with her. Just his son. He left her for a reason. He has his own life and is living with his new fiance in her house and really doesn't want his ex staying there. Can she be forced by a judge to allow him to take him without her? What does he have to do to go about getting that done? Any help is much, much appreciated.

Thanks in advance.
 


stealth2

Under the Radar Member
Ok. I am trying to get some information for someone I know going through this giant mess. So please, bare with me.

So, he moved from Pennsylvania to North Carolina however many years ago. Got bad into drugs. Met a girl whom was also into drugs. Dated for awhile. Left her and moved back to PA to get away from her and said drugs. He lived in Pa for several months and got clean and then ended up going back to her and getting on drugs again. So, as soon as he moves back, she wants to have a baby. In his drug induced state, he decided this would be a great idea. Within weeks of him moving back, she was pregnant. They had their baby. He stuck around for 2-3 years trying to make it work but they were both so bad into drugs, he left again for Pennsylvania to get clean. He succeeded. She got clean... So on and so forth. On a side note, this child looks nothing like him and he often wonders if he is even his. So that's the background information.

They decided on a set amount of child support on their own without going through the courts. He has given her $280 every month since he's left 5 years ago. He's even given her extra money when she needed it. He's kept every receipt. They didn't go through the courts because according to her, he would have to pay almost $500, cause that's what single parents of 1 would get where she lives, according to her. Everything I checked into with his current income estimates between $50 and $100 depending on her income and what not (things that I had to guess at cause I don't know). I've also heard, that since it's not through the courts, that everything he has sent her is considered a gift and she can continue to receive it from him and then when the kid is 18, take him for 16 years of back child support. How true is this? How screwed is he? And what should/can he do to improve his situation?

The mother will only let him go to North Carolina to see him. She won't make any exceptions to allow him to visit in Pennsylvania. To get the money and time off from work to drive 10 hours to see his kid and then drive back is near impossible. So, for the first time in 5 years, he has finally went down to visit. All went well. He was thinking that perhaps in the summer when his son is out of school that he could come up for a few weeks and spend some of the summer with him. She will not allow that unless she can come and stay with him. He doesn't want to visit with her. Just his son. He left her for a reason. He has his own life and is living with his new fiance in her house and really doesn't want his ex staying there. Can she be forced by a judge to allow him to take him without her? What does he have to do to go about getting that done? Any help is much, much appreciated.

Thanks in advance.
You have probably not received any replies due to the bolded statement. While everyone appreciates your trying to help your friend, we almost universally prefer to party themself to post as they actually know what happened.

Has heever been legally declared the father? Are there any court orders at all? If no orders for support, he doesn't have to pay. If no orders for custody/visitation, then she does not have to let him see the kid at all.
 

stormyskies87

Junior Member
Actually, I'm the fiancé. So really its as much my problem as his. There has been nothing through the courts at all. But his name is on the birth certificate, making him the legal father. He and I are just afraid of her deciding out of the blue to take him for back child support and even he's given her to be concidered a gift, not support.
 

Silverplum

Senior Member
Actually, I'm the fiancé. So really its as much my problem as his. There has been nothing through the courts at all. But his name is on the birth certificate, making him the legal father. He and I are just afraid of her deciding out of the blue to take him for back child support and even he's given her to be concidered a gift, not support.
Nope. Not your problem, ever. This is a legal site for legal questions. This is Dad's matter.
 

Ladyback1

Senior Member
Actually, I'm the fiancé. So really its as much my problem as his. There has been nothing through the courts at all. But his name is on the birth certificate, making him the legal father. He and I are just afraid of her deciding out of the blue to take him for back child support and even he's given her to be concidered a gift, not support.
The father can ALWAYS go to court himself and petition for visitation schedule. Of course, that most likely will also include a child support order.
And should the courts decide, child support could be made retroactive and the father would have a back support amount that will have to be paid (along with the current support payments...)

And the father could have done all of this, years ago!

Personally, I never advocate that parents have an "personal" agreement amongst themselves. It most certainly is something that should go through the courts.
(and no it's not your problem. It just isn't. Any court proceedings, court orders will NOT order you to pay anything. The court won't include you in anything!
 

stealth2

Under the Radar Member
Actually, I'm the fiancé. So really its as much my problem as his. There has been nothing through the courts at all. But his name is on the birth certificate, making him the legal father. He and I are just afraid of her deciding out of the blue to take him for back child support and even he's given her to be concidered a gift, not support.
No, really it is not. Not your monkey, not your circus. Suggest to your b/f that he grab his sac and man up by asking his own questions. If it's important to him? He will. If not..... you're spinning your wheels.

ETA: Interesting how his only concern (as your, apparently) is that he might have to pay mopre money. Apparently, neither of you give a darn about the kid he decided not to parent.
 
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