QUESTION
Will I have to sue in a separate action or will the judge rule on the motion first before dismissing FWOP?
Asked on Oct 27th, 2012 on Child Custody - Colorado
More details to this question:
A motion for temporary child support was filed by the mother, or on behalf of, the mother within the father’s legitimation paternity suit. The father did not appear at the final trial hearing for legitimation. Will a judge dismiss a legitimation when a pending motion for order for support is sought by the mother within the same action if the petitioner (biological father) never shows up to his own final trial hearing? My concern is regarding the pending motion of child support filed within the legitimation action.
7 ANSWERS
Leonard A. Kaanta
Yes, the case could be dismissed.
Answered on Jun 13th, 2013 at 2:29 AM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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The Judge will likely order child support if he is the father.
Answered on Oct 31st, 2012 at 5:41 AM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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The father filed the initial action to establish paternity. In response, the mother requested temporary child support pending the final resolution. Did the mother file a counter complaint and/or an answer? If so, that pleading can proceed whether or not the father appeared. Otherwise, it depends on the Court and the Judge. Many will also allow the case to continue with a support order. They may also take a default on the paternity issue.
Answered on Oct 29th, 2012 at 5:18 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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If the county filed a motion for child support and you were properly served, the court will not dismiss if the dad doesn't show up.
Answered on Oct 29th, 2012 at 5:16 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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The court can order support as part of the paternity action. If someone does not show up at trial, they will lose. If the father does not have any custodial time, the father will pay more in child support and the mother's income will not be considered. Opinion only not legal advice.
Answered on Oct 29th, 2012 at 5:16 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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In order to make a motion for child support, the mother should have filed a counter petition to establish paternity. If that is the case, she could go forward with the motion and the trial. You need an attorney to sort out the mess. Why didn't you show up for trial?
Answered on Oct 29th, 2012 at 5:16 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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The answer to your question is primarily a matter of state law and procedural rules of the state where your case is pending. Without knowing what state that is, the only general answer is that the child support motion should be viewed as a counter-claim that is intimately a part of the legitimization issue because one key element of obtaining parental rights through legitimization involves corresponding parental obligations. This would be true in Colorado, where we do not have "legitimization" proceedings. However, your state law may have a far more limited view of what "legitimization" means so you need to talk to an attorney in the state where the case is pending.
Answered on Oct 29th, 2012 at 5:15 PM