Child support order

[Dolphin60]

My boyfriend (Dave) has a daughter that he has not seen since she was 3 years old. She is now going on 16 years old.
He was in jail for about 10 years, during that time, I would say in 1990 the mother of his child wanted child support, which he was willing to pay, but he also wanted to at least see her on occasion and or receive letters, pictures, etc, but the mother would not comply with this.
Hence he was not ordered to pay child support, because she refused him any type of contact with his daughter, and this was a court order by a Judge in Marathon County WI.
He has been out of jail for a little over 5 years, without any contact from his ex-girlfriend.
As of the 1st of January he received a court order in the mail to pay child support at the rate of 17%. He never received any information to appear in court at all. Now he has only paid $55 since January, because he was out of work and collecting unemployment up until the first week in April. They never deducted any child support from him unemployment nor from his State tax return.
We have called the social worker that is involved with this case, trying to find out information about this court back in 1990, but it has been about a month and a half.
Sometimes last week both his employer and him received paper work for this child support order along with health insurance, which was never in the order before.
His questions are as follows:
1. Should have he been informed of a court date about this child support order in the first place?
2. What happens to the court order from 1990, stating that he did not have to pay child support due to her non- compliance with visitation or any type of contact? (Does that court order just go away, because she wants child support now?)
3. What about his visitation rights now?
4. Also how can she after so many years, just demand child support from him?
5. What happens if he can not afford what the court has ordered due to living expenses?
6. Why now does he have to provide health insurance her this child?
7. What if any rights does he have as a father?
Any information would be of great help to him.


Sincerely,
Dolphin60

 

[VeronicaGia]

"1. Should have he been informed of a court date about this child support order in the first place? "

Likely, but not always. They found him through his social security number.


"2. What happens to the court order from 1990, stating that he did not have to pay child support due to her non- compliance with visitation or any type of contact? (Does that court order just go away, because she wants child support now?)"

Yes, since there is now a new court order. He was ordered not to pay because he was in jail and she would not allow him visitation while he was in jail. He's out now, so the situation has changed.

"3. What about his visitation rights now? "

Support and visitation are two different things. He must file for visitation rights.

"4. Also how can she after so many years, just demand child support from him? "

The state looks at it as it is the childs right to be supported by both parents. As long as a child not emancipated by your state laws, she can file for support.

"5. What happens if he can not afford what the court has ordered due to living expenses?"

Sorry to be harsh, but the reality is that the court couldn't care less about his living expenses. The courts main concern is the living expenses and conditions of the child.

"6. Why now does he have to provide health insurance her this child? "

This is standard in any support order. He will likely have to pay 50% of non-covered medical expenses also.

"7. What if any rights does he have as a father? "

He has the right to file for and exercise visitation.