Child Support

[brighteyes]

What is the name of your state? Missouri

How does a person go about getting child support from a man who is living in Memphis, TN? His name isn't on the birth certificate. The parents were never married. We have his address, but no Social Security number. The rumor is he is getting Disability and Welfare. He is supposedly self employed, but he only works for cash. He doesn't file or pay taxes.

What should the Mother do?

 

[stealth2]

She will need to file in TN, I believe. Paternity will need to be proven.

 

[brighteyes]

The child was born in MO and has always lived here. The Mom still needs to file in TN?

 

[Grace_Adler]

No, if she's been living in MO for 6 months or more, she can go to her local CSE office and file with them. The more info she can give on him, the better. Paternity will need to be established if he denies paternity. If he doesn't contest it, they will go ahead and order it or if he doesn't show for court, she will win by default.

 

[taylor812]

How does a person go about getting child support from a man who is living in Memphis, TN?

[REPLY] She could technically file with either state, but only one or the other. She should do it ASAP so that back support can start calculating. She would probably have better luck with TN. If the rumor is true, and he is getting welfare, I'm assuming he is getting that through the state of TN, so TN should be able to hunt him down pretty easily...

I agree with Grace_Adler on establishing paternity.

 

[Grace_Adler]

I think it would be a lot easier on you if you files in MO where she and the child lives. It would be easier to communicate with the office and go to court if you file where you live. I don't think you can even file in TN since you don't live there and neither does the child. An attorney told me that the state the child lives in takes precedence. Your local CSE office can help you with what to do. And that's true, I forgot about the welfare thing. They will have no problem tracking him since he is recieving benefits.

 

[I AM ALWAYS LIABLE]

She could technically file with either state, but only one or the other.

=============================

My response:

Oh, really?

What happened to Tennessee residency; i.e., "jurisdictional" requirements? Did the law change? Did "jurisdiction" get thrown out the window?

Where are you getting your information? Can you cite code or case law authority for your proposition?

IAAL

 

[StickyFingers]

OK..I am trying to help you, but I believe that there is alot of pertinent information left out of your posts.

You posted....:

What is the name of your state? Missouri

How does a person go about getting child support from a man who is living in Memphis, TN? His name isn't on the birth certificate. The parents were never married. We have his address, but no Social Security number. The rumor is he is getting Disability and Welfare. He is supposedly self employed, but he only works for cash. He doesn't file or pay taxes

You don't say anything about how long you have lived in MO....At least not until your second post...Then you said...:

The child was born in MO and has always lived here. The Mom still needs to file in TN?

So since the child was born there (and the mother and child has always resided there)..I don't think it matters about the residency.

Which leaves us responders to only assume how yall met.( how & where you concieved, how the father didn't end up on the BC....etc.). Which I believe is very confusing. But I don't think it matters....

PATERNITY...is a definite thing that you HAVE to establish BEFORE proceding...(by a test)..not your/the friends say so.

I suggest you/your friend consult an attorney in your area. He/She will be able to tell you about the disability/welfare dilemma, but he/she will know what to do about filing for CS.

 

[Grace_Adler]

Residency does matter, that's why IAAL posted what he did. She has to file in MO.

How they met and why he isn't on the BC is irrelevant. Bugs Bunny can be listed on the BC but just because he is listed on there doesn't make it so. What does make it so is an AOP or a paternity test, which doesn't matter at this point. When she files with CSE, if he denies paternity, they will order a paternity test, if he doesn't she will win by default.

If she files through CSE, they have an attorney there who represents her when doing the case because CSE caseworkers can't represent someone in court or give legal advice. Well, they're not supposed to anyway.

 

[StickyFingers]

QUOTE]Residency does matter, that's why IAAL posted what he did. She has to file in MO[/QUOTE]

Grace,..

I said: So since the child was born there (and the mother and child has always resided there)..I don't think it matters about the residency.

Maybe the confusion lies in me not being clear (No smarta*s undertone intended)...I said that "it didn't matter"..meaning that since she and the baby has always been in the state and has never left or been in another state long enough to establish residency..Then of-course MO would be the state she would file for CS in. Meaning... that what you said about being there ( in MO) for six months, would establish her residency....and I quote : "No, if she's been living in MO for 6 months or more, she can go to her local CSE office and file with them." ( Everything that I have read makes the residency requirements in MO to be 90 days, not 6 months). And the "it don't matter" comment was also meant for the other posters as well.

If she files through CSE, they have an attorney there who represents her when doing the case

I agree.

 

[Grace_Adler]

Thank you for clearing that up. It was a little confusing. I did take that as it didn't matter about residency meaning she could file in either state, not.. it doesn't matter about residency as in, since she has always lived in MO and has been there for over 90 days, TN doesn't count. I wasn't trying to be a smarta** either, in case I came across that way.

 

[StickyFingers]

It's cool Grace.... you have some 2,700 posts on me .....So maybe I just need to learn how to be more clear in what I say(post).

 

[Grace_Adler]

LMAO! Well, sometimes I skim and speed read so I miss stuff and other times I can't come across the way I want either no matter how hard I try, so it's all good. I think sometimes I need to slow down. LOL

Yeah, I'm trying to catch up with IAAL on my posts but I don't think that's gonna happen. LMAO! Love you IAAL! * kissy kissy xx smack smack* LOL I think I am addicted. I know I'm addicted to the computer and internet. If I went to addict meetings, it wouldn't do any good, I'd be a bad influence on everyone there. LMAO!