What is the name of your state? Georgia
My ex-fiance and I were together for 5 years. Last year we had a beautiful baby boy and 6 months later she left, refusing to reconcile. I have been paying child support that we agreed upon since that time. There were a couple of months that I was unable to pay and she let me catch up on the payments. Other than that, my financial support has been flawless. Recently, she filed with the state to recover child support. Rather than discuss it with me and maintain our agreement, she chose to remove the guess work from support.
The problem is that I am in a deplorable financial situation and any legal move will force the loss of my house, most likely my vehicle, and who knows what else. She has been less than fair in matters of visitation. I get him on Saturdays from 8 am to 6:30 pm (if I'm lucky) and she will not let him stay with me for a mere weekend. I am a good father, responsible with my son who adores me and cries when we part.
On the one hand, this is a blessing because I will most likely gain my paternal rights to visitation. However, this couldn't be happening at a worse time. I am slowly digging myself out of the financial hole and planned on pursuing those rights when I was able to afford court ordered support. Now, if I get slapped with these bills (which will most likely be more than I pay now) and incur the fees for an attorney which will undoubtedly be in the thousands, I fear that any hiccup in my child support may land me in a heap of trouble and send me in a spiral from which I can't recover! I love my son and don't want him to need anything but if I can't support myself, how will I be able to take care of him? I researched a bit and found that the court will order at least 17% of my annual income. That will be tough but manageable. The rest, in terms of legal fees and costs, is what's going to destroy me.
On a side note, we sat down after I found that she was pursuing "recovery" and came up with an alternate solution. She would "delay" the proceedings as long as I paid $375 monthly (which was slighly more than what I was previously paying her) and I signed a notorized "contract" with these terms. The kicker was that she wanted me to sign the document which stated that I would not be able to see my son should I fail to pay one month. I told her there was no possible way I was going to sign ANYTHING that relinquished any paternal rights. She wanted to know what the consequences for me were to be should I not pay. I told her to take me to court. That did not sit well with her apparently because I was served by the sheriff today.
Please help...I need to know what rights I have or what a court may grant me in the ways of visitation as if she moves forward with this, I intend to pursue my rights. I am just terrified that even though I can prove I have been paying using cancelled checks and receipts signed by her, I have no rights in the eyes of the court!
Thanks in advance,
Kenny
My ex-fiance and I were together for 5 years. Last year we had a beautiful baby boy and 6 months later she left, refusing to reconcile. I have been paying child support that we agreed upon since that time. There were a couple of months that I was unable to pay and she let me catch up on the payments. Other than that, my financial support has been flawless. Recently, she filed with the state to recover child support. Rather than discuss it with me and maintain our agreement, she chose to remove the guess work from support.
The problem is that I am in a deplorable financial situation and any legal move will force the loss of my house, most likely my vehicle, and who knows what else. She has been less than fair in matters of visitation. I get him on Saturdays from 8 am to 6:30 pm (if I'm lucky) and she will not let him stay with me for a mere weekend. I am a good father, responsible with my son who adores me and cries when we part.
On the one hand, this is a blessing because I will most likely gain my paternal rights to visitation. However, this couldn't be happening at a worse time. I am slowly digging myself out of the financial hole and planned on pursuing those rights when I was able to afford court ordered support. Now, if I get slapped with these bills (which will most likely be more than I pay now) and incur the fees for an attorney which will undoubtedly be in the thousands, I fear that any hiccup in my child support may land me in a heap of trouble and send me in a spiral from which I can't recover! I love my son and don't want him to need anything but if I can't support myself, how will I be able to take care of him? I researched a bit and found that the court will order at least 17% of my annual income. That will be tough but manageable. The rest, in terms of legal fees and costs, is what's going to destroy me.
On a side note, we sat down after I found that she was pursuing "recovery" and came up with an alternate solution. She would "delay" the proceedings as long as I paid $375 monthly (which was slighly more than what I was previously paying her) and I signed a notorized "contract" with these terms. The kicker was that she wanted me to sign the document which stated that I would not be able to see my son should I fail to pay one month. I told her there was no possible way I was going to sign ANYTHING that relinquished any paternal rights. She wanted to know what the consequences for me were to be should I not pay. I told her to take me to court. That did not sit well with her apparently because I was served by the sheriff today.
Please help...I need to know what rights I have or what a court may grant me in the ways of visitation as if she moves forward with this, I intend to pursue my rights. I am just terrified that even though I can prove I have been paying using cancelled checks and receipts signed by her, I have no rights in the eyes of the court!
Thanks in advance,
Kenny