• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Incarcerated Dad and Fiance Need Info

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Mechie311

Junior Member
undefinedWhat is the name of your state?
New Jersey.

My boyfriend has been incarcerated for a lengthy jail term, more than ten years. He will be released shortly and we will be getting married next year. He fathered children prior to being incarcerated who he has tried to keep in contact with via letters and phone calls, as well as, help the mothers with support through literally harassing his siblings to help him by pitching in to help take care of the children, which they have done freely from the kindness of their hearts not so much because of their brother's whining! Anyhow, the one mother has been on public assistance for the child's entire life, about 14 years. She has never worked and just last week, he recieved a letter from the NYC courts pertaining to paternity/child support. My questions are these:

1. Can he be responsible to pay for the past 14 years, eventhough he has had no means to support himself or the child due to the incarceration?

2. When we get married, will the courts use my income/assets to determine his payments...or even worse, in the event that it is at first difficult for him to find gainful employment, can they require me to pay?

3. Since we live in a different state from them, how will visitation work, is it common that children are allowed to go across state borders to visit their non-custodial parent?

4. I have a child of my own, whom my boyfriend did not father, and I own my home and have a retirement fund, I have willed both of these to my child in the event that anything should happen to me, can that be in anyway overturned once I get married, eventhough my boyfriend will not have contributed any parts in acquiring the home or saving the money in my fund?

5. Is it ok to keep my business with my home/retirement fund the way I have it set aside for my child and establish a new savings, etc with my "husband" to which he and any children that we have together may be the beneficiaries of?

Thank you so much in advance for your consideration and advice!

(I posted this question sometime ago and it was answered effectively by a senior member, to whom I am very grateful for the expertise and advice! I did not ask the qusetion because I am a young, dumb airhead without any common sense...Granted this is not the ideal situation but due to my concerns I inquired about the possibilities I may be facing. Can I get that much credit from you guys?! I'm being treated like I waited outside the jail yard at the gate to meet this guy! We actually had a relationship prior to his incarceration when we were in college and he's a decent guy, he just made some really bad choices in friends and it has come at a great price! Whether I decide to become his wife or not, he will never cease to be a good friend of mine because despite the mistakes he's made, he's still a person that deserves to be cared for and encouraged. And by the way, a law abiding, hard working man fathered my child and then divorced me and skipped town! His family is very much a part of my son's life despite his absence, and they help me in more ways than I ever imagined they would...above and beyond what grandparents should have to do! Their son however avoids and shirks his responsibility unless he's backed up against the wall! So I guess, like you guys, I judged a book by it's cover too.

I do not mean to sound ungrateful for your advice, but not everyone that's in a situation that you find less the acceptable needs professional therapy. One's experiences shape their future decisions...and based on my past, I'd rather be with a man who listens to me and responds with sincerity, who has always treated me with respect but made a mistake for which he is deeply remorseful than a man who has been educated, does financially and looks like the perfect man in all aspects but doesn't even have enough character to help take care of his only child. So if I sound just plain dumb...sorry!

And just for the record, we have made an arrangement..he will not be released to my home but to his mom's...and that hasn't changed our intentions, we are just taking our time...that was my decision, it was my thought even before I posted anything on here...I thought I was doing my homework but I got just alittle more than I bargained for!

So if you continue to respond to this post, please stick to the facts and keep the nasty comments to yourself!

Thanks,
Mechie311
 
Last edited:


LdiJ

Senior Member
Mechie311 said:
1. Can he be responsible to pay for the past 14 years, eventhough he has had no means to support himself or the child due to the incarceration?
Not only CAN he, but he WILL be held responsible because she has been on public assistance.

Mechie311 said:
2. When we get married, will the courts use my income/assets to determine his payments...or even worse, in the event that it is at first difficult for him to find gainful employment, can they require me to pay?
When there are arrearages (which there will be in this case) then yes, then can use your income to help determine how much of his they can take for current support and payments towards the arrearages. Because you would be sharing the household expenses they can take more of his income. No, they can't require YOU to pay his child support. However if he can't, and you don't pay it for him, then he may find himself right back in jail.

Mechie311 said:
3. Since we live in a different state from them, how will visitation work, is it common that children are allowed to go across state borders to visit their non-custodial parent?
He won't get any visitation at all without filing for it. After being incarcerated for 10 years that won't be a cheap or easy case. Most likely the most he could hope for to start out with is being allowed to have short, supervised visits in the child(ren)'s community.

Mechie311 said:
4. I have a child of my own, whom my boyfriend did not father, and I own my home and have a retirement fund, I have willed both of these to my child in the event that anything should happen to me, can that be in anyway overturned once I get married, eventhough my boyfriend will not have contributed any parts in acquiring the home or saving the money in my fund?
Your state law would control that. However, yes, in general getting married puts your assets up for grab to at least some extent or another. See an attorney about a prenuptial agreement if you want to protect your assets.

Mechie311 said:
5. Is it ok to keep my business with my home/retirement fund the way I have it set aside for my child and establish a new savings, etc with my "husband" to which he and any children that we have together may be the beneficiaries of?
See above answer.

Mechie311 said:
Thank you so much in advance for your consideration and advice!
Mechie311
Ok, now that I have answered your questions I have some other, very sincere advice to give you.

You could be easily making the biggest mistake of your life here. You are planning to marry a man that you cannot possibly KNOW at all. You have a child to care for and protect so you are not free to take the same risks that a person without children is free to take.

Use some common sense. Do not move him into your home and put off any ideas of marriage until you have had the chance to know him over the long term. Do you really want to risk losing custody of your child?....because that is the direction you could be heading.

Please don't come back here and tell us how "wonderful" he is. You can't know anything of that nature until you know him in real life, on the outside.
 

stealth2

Under the Radar Member
Blonde Lebinese said:
I still want to know how to break up quotes like that ? Dang it !! :D
You simply put the quote tags before and after each section you want broken out.
 

BL

Senior Member
stealth2 said:
You simply put the quote tags before and after each section you want broken out.
[/QUOTE] You simply put the quote tags before and after each [/QUOTE]

you want broken out.

Like that ?
 
Last edited:

stealth2

Under the Radar Member
Get rid of the "/" on the first one. So it would look:

[ QUOTE ]like this [ /QUOTE ]

without the spaces.
 

LdiJ

Senior Member
nym9 said:
Unless the mother applied for child support 14 years ago, the answer is NO. He only has to pay from the date she applied.
Even though this is an old thread I am still going to respond for the sake of anyone else who might read this.

WRONG. When the child has been on state assistance back support can and will be ordered to reimburse the state for the assistance.
 

rmet4nzkx

Senior Member
nym9 said:
Unless the mother applied for child support 14 years ago, the answer is NO. He only has to pay from the date she applied.
Please read the post before you respond, if you notice OP clearly stated: "Anyhow, the one mother has been on public assistance for the child's entire life, about 14 years"
So he would owe 14 years arrears of child support if this is his child/paternity established, since the mom was on public assistance the entire time, some of which was prior to incarceration.
 

stepmom65

Member
Mechie311 said:
undefinedWhat is the name of your state?
New Jersey.

My boyfriend has been incarcerated for a lengthy jail term, more than ten years. He will be released shortly and we will be getting married next year.
Why on earth would you want to be around this guy or have your child around him.....you are definitely asking for trouble, lady. What you need is some good professional therapy....I'm wondering why someone like this is more appealing then a responsible, hardworking, law-abiding man.

How old are you, my guess is under 20??? too young to know better. Before you do anything, consult a good therapist.... Like the last post stated, you could end up losing not only your own kid, but everything you've worked hard for.

Is he worth it?
 

nym9

Member
LdiJ said:
Even though this is an old thread I am still going to respond for the sake of anyone else who might read this.

WRONG. When the child has been on state assistance back support can and will be ordered to reimburse the state for the assistance.
sorry about that, I just deleted my post. :eek:
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top