Child support agency deciding custodial parent w/o divorce?
My friend and his wife are separated. The kids spend more time with him than the wife and she has filed a child support order with her listed as the custodial parent. Can he do the same? Will all of this get figured out by the court system before he is ordered to pay her child support on the kids he has more often than her? What are your experiences?
Best Answer:
yes he can do the same as he has the children in his care it will get figured out through the courts it is a slow process but it should sort itself out.seek legal advice a.s.a.p
Generally speaking, though state laws differ, no one can get child support until the court has entered an order stating who is to be paid child support and for how much. Given that she has filed for child support with herself being the custodial parent, she is apparently trying to beat him to the punch, as it were, and is attempting to get both custody of the kids and child support from him. This is where your friend desperately needs a lawyer. If he can't afford one, he can contact the local Legal Aid Foundation. They provide lawyers, free of charge, to those who can't afford them. He can always check and see if he qualifies. Regardless of whether he gets a lawyer or not, he needs to DOCUMENT, DOCUMENT, DOCUMENT EVERYTHING. He needs to keep a written journal detailing how much time he spends with/has the kids (dates, times, what they did, him feeding them, bathing them, buying clothes, toys, etc.). He needs to write down EVERY SINGLE THING he does for them and EVERY SINGLE CENT he pays out for them while he has them, even if it's a 50 cent lollipop (saving the receipts as further proof is better - the receipts will back up his journal entries). And again, he needs to keep a record of when he has the kids, such as: 9:00 a.m. June 1, 2009 - picked up kids from (wherever), took them to my home. 9:30 a.m. June 1, 2009 - Fed kids, watched two movies with them 12:30 p.m. June 1, 2009 - Fed kids lunch, took them to the park, played ball with them. And you get my point. The reason for this is that COURTS LOVE PAPER. If your friend spends that much time documenting every single second he is with his children, and his ex has absolutely nothing to show, the court will look more favorably on your friend on the issues of custody and child support. Just think - he shows up to court with notebooks full of the time, care, and money he spent on his kids; all she shows up with is whatever BS lie she chooses to tell. She will have no proof whatsoever of anything, and your friend will have the upper hand. Trust me, this works - I've worked in the legal field for over 11 years, and I've seen the significant success a parent has had in the courtroom just by keeping a journal of stuff exactly like I just described.
I don't see how anyone can get child support without a court hearing. Never heard of such a thing. Nobody can be ordered to pay without a right to be heard. Somebody has their information wrong.
In all likelihood, she file for temporary custody and child support. Now he will have to fight for it. ♥♥♥♥♥♥♥ I’ve been a Father’s Rights Advocate for 20 years. Many think the courts are rigged against dads, but in reality, it is more about attorneys unwilling or lacking the knowledge to truly fight for the father's rights. This is why it is important to learn how to interview and hire the right attorney. It is also important to do as much as possible on your own and not pay the attorney to do it. Part of the problem with getting your rights knowing what to do to prove your case, and how to remind the judge of their responsibilities. Let me start with the judge. Always take people with you to court who are not there to testify. Make sure they are sitting where the judge can see them, each equipped with a tablet and pen to take notes. It’s best to use a Court Watch Form designed for this purpose. I have one in the manual at Dads House. If the judge is not doing his job, using the info from this form, you can, appeal, and/or get the judge sanctioned and removed from the case. You file a complaint with the State Supreme Court at your state capital. Start keeping a daily journal of all your activities. The most common way to prevent a father from getting his rights through the courts is a false allegation, usually sexual. Over 60% of divorcing father are accused of child sexual abuse, of which only 4% are found to have any relevance, but there are no penalties for doing so. A daily journal is your number one piece of evidence in court and you can even refer to it while on the stand. Gather evidence. Check the site below to see if it is illegal to record conversations without the other person knowing. If your state does not have a law either way, than it defaults to the federal ruling which says one person in a conversation must know they are being recorded. You’re that one person. In Missouri it is specifically legal, in Kansas there is no mention either way. If you live in two different states, and one has a law against it, than it applies when the call originates from within that state, Now, you can't just record, you also have to transcribe it into the daily journal. If you want to learn how to do all this go to Dads House in Yahoo Groups. Upon joining, you will receive a link for downloading a 200 page educational manual that can teach you what you need to know. Take the time to learn what you can and should do. Bird Nest Custody http://groups.yahoo.com/group/GiveKidsAChoice/ Can We Tape http://www.rcfp.org/taping/ Dads House http://health.groups.yahoo.com/group/DadsHouse/ Fathers & Families http://www.fathersandfamilies.org/ Fathers Rights: The Movie http://vids.myspace.com/index.cfm?fuseaction=vids.individual&videoid=27395259 Parental Alienation Syndrome http://www.parentalalienation.org/
