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Hi all,
I have a question on behalf on my fiance'. We all live in Texas by the way.
He has a beautiful 4 year old daughter by a woman he was in a relationship up until 2011 (when their daughter was born). His name isn't on the birth certificate (child's mother's mom refused to have his name on the birth certificate while he left the hospital to pick up his mom). Though they broke up, he would support his child by visiting, being there, taking care of her, and sending the baby mom $150 out of every paycheck. In late 2011, he and his baby's mom came to a verbal agreement of $500/month, and he's been paying that ever since for their daughter.
Yesterday, he received a child support negotiation letter in the mail stating he has to attend the hearing in a few weeks.
What should he expect? I told him that a verbal agreement really doesn't hold weight in court (and I'm just going off all of the court shows I've watched), but he has bank statements showing he has either withdrawn $500 from his account or sent the money to her via Chase Quick Pay every month. He's not worried about a paternity test because he KNOWS that is his daughter. I swear they look just alike and she has all of his little mannerisms. LOL
So again, what should he do? What should he expect from the meeting?
Thanks in advance!
Last edited by MissWhitness; 07-06-2014 at 05:15 PM..
My guess is that had he honored that verbal agreement - he wouldn't have received court papers. But, who knows.
A paternity test will be performed, I believe, just as part of the process.
Both parties will have to complete a great deal of financial information - then using the state's calculation, a child support amount will be determined.
The court will determine child support based on his income not on the agreement if it's lower than what should be paid. The proof he paid child support in the past could prevent him from having to pay back child support to when the child was born. If the court determines he could/should be paying significantly more than $500, he might have to pay the difference for the past four years and ongoing payments in the future.
How can there be an award of back child support if there was no court order awarding child support to begin with?
IF he takes action that draws out this court proceeding for years (happens) - then back support c ould be awarded back to the date the action was filed.
At least that's my understanding.
Seeking legal advice is usually never a bad idea.
Also - as an FYI to the OP - the father's name cannot be added to the birth certificiate unless he is present. I can't imagine just 'stepping out' for an hour could totally prevent that from happening.
He can ask that his name be on the certificate during the court hearing.
How can there be an award of back child support if there was no court order awarding child support to begin with?
IF he takes action that draws out this court proceeding for years (happens) - then back support c ould be awarded back to the date the action was filed.
At least that's my understanding.
Some states go back until birth. Texas is one of them.
The courts aren't required to mandate it, but it can happen.
Hi all,
I have a question on behalf on my fiance'. We all live in Texas by the way.
He has a beautiful 4 year old daughter by a woman he was in a relationship up until 2011 (when their daughter was born). His name isn't on the birth certificate (child's mother's mom refused to have his name on the birth certificate while he left the hospital to pick up his mom). Though they broke up, he would support his child by visiting, being there, taking care of her, and sending the baby mom $150 out of every paycheck. In late 2011, he and his baby's mom came to a verbal agreement of $500/month, and he's been paying that ever since for their daughter.
Yesterday, he received a child support negotiation letter in the mail stating he has to attend the hearing in a few weeks.
What should he expect? I told him that a verbal agreement really doesn't hold weight in court (and I'm just going off all of the court shows I've watched), but he has bank statements showing he has either withdrawn $500 from his account or sent the money to her via Chase Quick Pay every month. He's not worried about a paternity test because he KNOWS that is his daughter. I swear they look just alike and she has all of his little mannerisms. LOL
So again, what should he do? What should he expect from the meeting?
Thanks in advance!
Good for him, OP. I hope it works out. He's a good man, doing the right thing. Good for you for supporting that. Well done all round.
Just make sure he takes his bank statements and any documentation that proves that he has been paying support payments the whole time. This is a prime example of how court ordered payments and visitation schedules need to be done as soon as the child is born to prevent confusion and heartache down the road. Best of luck to your husband! It sounds like he had been a responsible father.
Just make sure he takes his bank statements and any documentation that proves that he has been paying support payments the whole time. This is a prime example of how court ordered payments and visitation schedules need to be done as soon as the child is born to prevent confusion and heartache down the road. Best of luck to your husband! It sounds like he had been a responsible father.
Thank you Madeline! However, none of the payments he made were court ordered. He was just handling his responsibility.
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?
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.
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