Child Support Negotiation Case (parent, mother, father, mom)
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Yes. Read the links I provided. It is specifically relevant if there was never a previous court order.
Proof he paid something each month since the baby was born could save him from paying back support, but HE NEEDS A LAWYER because there are no guarantees how the judge will rule.
Agreed. The court can look at the money he has been providing as a "gift" and disregard it entirely. He needs a lawyer.
It's not a bad thing at all to have court ordered support. My xH's check is garnished for child support - not because he is a deadbeat, but to have proof that he is paying as he should.
Get a lawyer. Present the documentation of how he has paid, and any reference you may have to her referring to their agreement. That will help with the back child support. Going forward, he will likely have to pay the state standard for his salary. Here's a calculator: Texas AG calculator
Note that in Texas most fathers are required to pay the full cost of health insurance premiums AND half of all out-of-pocket medical expenses. This will likely be added to his child support amount.
Note that in Texas most fathers are required to pay the full cost of health insurance premiums AND half of all out-of-pocket medical expenses. This will likely be added to his child support amount.
In my state, noncustodial parents are only required to provide health insurance and pay the premiums if family plans are provided by their employers. My girlfriend's ex doesn't need to provide insurance because he's self employed. She is the one who has to provide it since it's available via her employer. They do both split the out of pocket expenses.
So even though there was never a court order and his name isn't on the birth certificate, the court could mandate back child support?
OP, why do you keep asking about the birth certificate? Clearly, he knows this is his daughter and can't deny he knew. They've been in contact. Either way, they'll do a dna test.
OP, why do you keep asking about the birth certificate? Clearly, he knows this is his daughter and can't deny he knew. They've been in contact. Either way, they'll do a dna test.
Yep. And hypothetically even if he didn't know he'd still be responsible for back child support.
My guess is that had he honored that verbal agreement - he wouldn't have received court papers. But, who knows.
If I were him, I'd write her and try to get written confirmation of the money he sent if he thinks she's going to go for back child support. For example, "I am happy to meet in court but I'm wondering why this is necessary given that you have been receiving $500/month like we agreed? I would be happy to work out a parenting plan with your lawyer to save court costs if you just want this done on the up and up. Let me know."
If she replies affirming that she's been receiving it (particularly if she affirms that she received it but wants more in back support), the court could take that in his favor. Get it in writing.
Family law is not for women: it's for the children. It is not in the interest of the child to have parents battling it out and not coming to agreement over a parenting plan.
Yep. And hypothetically even if he didn't know he'd still be responsible for back child support.
Yes, but WHY do you keep bringing it up? That's what I'm curious about.
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