Childsupport??!! Visits??!!

Alicia - posted on 11/16/2009 ( 16 moms have responded )

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we filed for child support against my step daughters birth mother about 8 months ago..we finally have a court date..jan 4th 2010! im super excited. because now she will be forced to take care of her! i have some questions will she be made to pay us some type of money? she has a job but she hardly works. and she doesnt have any rights to her daughter..no visitation or nothing. can she ask for visits when we go to court for child support or will she have to file her own seperate thing for visits or her rights back??

16 Comments

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Margie - posted on 11/19/2009

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If she has no rights, there is a reason for that. Are you sure that any little amount of money is worth her seeing your girl? Be sure of this before you get into a heated legal battle. What is best for the child? Good luck

Cassie - posted on 11/19/2009

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I know that in Ohio and Indiana the support and visitations are two different things. I pay child support on my oldest and my husband pays support on his two. I also receive support for my two youngest. I do know it doesn't matter if you have a job or not. If you are ordered to pay support then you are ordered to pay. Most times the person paying is also ordered to carry insurance on the child. As for her being forced to pay at least something there isn't much the support agency can do to force her. They can do things like put a lien on personal property, suspend her drivers license, order a garnishment of her wages, and even have a warrant for her arrest put out. I know in Ohio it becomes a felony if you fall behind $5000, but if you pay even a small amount a month they will not issue a warrant. I have been struggling with that part because I have been off on medical for the last almost three years. I hope for your step daughter's sake her "mom" doesn't try to interact with her until she gets her life straightened out. Good luck with everything, I hope it goes well for you.

Sarah - posted on 11/18/2009

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I think the visitation has to do with the state that you live in. When I lived in Iowa, we were told that child support and visitation have nothing to do with each other. It's a different situation with you though, bc the bio mother has no rights. I'm not really sure. Have you spoken with a family attorney that could give you a consult? It may ease your mind in the fact that it could prepare you for what could possibly happen. As far as child support goes, I would think that as long as the bio mother has a job, if child support is set, then they would make some sort of financial obligation that she would have to follow. Hope this helped some. And good luck!!!

Alicia - posted on 11/18/2009

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we went to court for custody for my step daughter and the judge gave her to us because of her mothers drug problems. thats was 8 months ago. and i am just wondering can she get visitation at court while we are gettin her for child support or will she have to file a seperate case to get visits. the judge ordered 8 months ago that she have NO contact with her birth mother unless we wanted her too.

Wendy - posted on 11/17/2009

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It depends on the state you live in. It is great to get a court date but even if you get a court order and they garnish her wages. If she does not work you don't get anything. My X has been in and out of work over the years. The good thing is that they keep up with the amount owed and the amount paid - so there is always a running total. It may take until your child is 35 but they will have to pay it. I was told that your visitation is what was decided in your divorce papers (in my case). If they want to change it, they cna request a change, but it has to be set up at another court date. Hope this helps - is really is a good thing to not have to worry about keeping up with what they have and have not paid - just don't count on that check. Good luck!!

Alicia - posted on 11/17/2009

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i hope she pays also. but even if she doesnt she will eventually go to jail! as long as she knows she cant get away with not taking care of her daughter! that it dont matter if shes a women she can pay childsupport jus lik every other man!

Deb - posted on 11/17/2009

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Child support and visitation are 2 different cases. You should check it out in your state to see if is different. The courthouse should know that answer for you. Good luck at court. Hopefully she will pay after court.

Alicia - posted on 11/17/2009

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we havent even got anything in the mail for the court date yet. so i know she hasnt. but they dont have a good address on her. she got served at court with her other baby dad. shes homeless so idk how shes gona find out the day. in the state i live in if yu dont have a job they still give the other person a amount that they will have to pay. it does by minimum wage.

Danielle - posted on 11/17/2009

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Im not sure what state your in, An attonrney is a good thing to have when it comes to any issues with children. Child support and visitation are two seperate thing, The BM would have to file for vistiation and there is no guarentee she'll get it, The child support system puts and like judgement against a paycheck you recieve and directly comes out of that, If she's not working it is deducted from unemployment in most of the time 50.00 increments. If she does not pay, She will see a judge and possibly jail time. Good Luck

Jennifer - posted on 11/17/2009

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You shouldn't need an attorney. I would assume your BM does know about the court date...she should of been notified in the mail with papers (at least if the agency has a good address on her). I use to work for a department at a child support agency. What Penny said is true about taking support based on income, if they show or not...but i have seen all kinds of support issued...even $0 amounts. Custody and visitation are totally seperate things...she would have to go to family court/Domestic court to get a hearing. Penny pretty much nailed it on her response. Good luck.

Alicia - posted on 11/17/2009

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oh okay. ne we dont have a attorney. i dont think we will need one so why waste our money..right? she dont know about the court date. and i really dont think she will show because she didnt show we were fighting for custody.

[deleted account]

Oh yeah, attorney for state was put on case because BM was receiving support from government so really it was their money.

[deleted account]

Do you guys have an attorney? I'm not sure how it works since you guys are going for it. I know that when my husband was served with support papers the first time he didn't show and the attorney for the state came up with the support based on his income. Support was just updated and the attorney for state took in his and her income and came up with new support. He could either sign off on it or go before the judge and argue for a lower support. He just signed the new support order and it was done with. Hope this makes sense.

[deleted account]

Child support and visits are supposed to be separate issues. If she has no rights she'll have to get a court date to see if she can get joint legal and a visitation schedule. Even if your hubby makes more than BM she'll still be required to pay something if she has a job. Even if it's just $50.

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