QUESTION
Should I tell the mother to take me to court and let the court decide, and will I have to any back child support on my child out of wedlock?
Asked on Aug 01st, 2013 on Child Custody - Oklahoma
More details to this question:
I have never been married to the mother. The child is 5 yrs old. I have been paying child support for that past five years. I have NEVER been court ordered to pay child support. The mother and I have a written agreement, nothing else. I have been paying $1000 a month for the past 5 yrs. I have retired from the army and I have taken a $3000 pay cut a month and can no longer afford $1000 a month. I would like some advice of what action I need to take. I have talked to the mother, with no avail is not willing to cooperate. I do want to provide for my son. Should I tell her to take me to court and let the court decide, and will I have to any back child support. I have copies of all the pay role deductions coming out of my government pay to prove she a been receiving payments from me for the past 5 yrs.
3 ANSWERS
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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You should take this matter into the court system and let them decide. Based upon the information provided, I don't believe you can be hurt any worse than you already are.
Answered on Aug 02nd, 2013 at 7:10 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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You are the one who should have started a parentage action 5 years ago. Private agreements with regard to children are not recognized by the law. It sounds like you haven't even made yourself the child's legal father, which means she doesn't have to let you see the child. As to child support, if you can prove that payments were made as child support, the court can credit you for payments made if the evidence is clear. A simple deduction from your paycheck may not be sufficient unless it is clearly labeled as child support. If it is, the court will likely give you credit. Once you file, your child support will be based on how much income you and the child's mother earn. Once a total of income is established the amount of child support is divided in proportion to the percentage of that total each of you ears. Don't wait to file this action as the court can go back a number of years to require you to pay support when nothing has been filed.
Answered on Aug 01st, 2013 at 4:52 PM
You do not have to wait on the mother to act. you can file a paternity action and ask the court to determine custody and support within that action.
Answered on Aug 01st, 2013 at 4:39 PM