Can the mother of my 17 and 19 seek back childsupport i have never been order to pay by a court. memphis tn?
150714
First, if you have been giving her money, make sure to get all of your cancelled checks and receipts in order.\n\nAs for petitioning for back child support ... in most states, yes she can!  However, there is usually a time limit.  In some states three years, in other states it can be longer. \n\nI strongly suggest that you go to a local office of your state's Support Enforcement or Support Collection office.  Ask them for copies of all documents relevant to the TN Child Support & Collections Standards Act.  This is where you will find your answers.\n\nIf she does petition the Family Court, then you should have a good lawyer with you.  Remember, your level of familarity with the TN Support & Collections Standards Act is in direct relation to how much you'll have to pay an attorney.  If you thoroughly arm yourself with knowledge about your state laws, you'll be able to prepare much of your own case documentation, thereby reducing the amount you pay to an attorney.\n\nBeen there, done that, and it ain't fun! Best of Luck to you.\n\nEdited}\n\nTo qualify the above statement, let me add that I do not reside in your state.  TN may have different laws than the states that I have dealt with.  You should find your answer in the Standards Act to which I referred.  Also, if the 19 yr old has emancipated, then any back support you may be ordered to pay should exclude any time following the emancipation.\n\nI have personal experience with this type of issue in two states, and have found that the courts display a bias toward the mother.  I really hope this all works out for you and that you're able to keep this out of the courts.
627687
You need to go through the courts.  Have a child support order made by the courts, with an income deduction order, so that the money is just taken from his check and deposited into your account (no more bounced check worrries).  I went through what you are going through for years until I finally went to the courts.  By this point my ex was $14000 in the hole but had purchased a new car, enrolled in college for his masters degree, and was living great.  But whenever I questioned him about it, he would tell me how hard he was struggling and that he just couldn't do any better.  I, however, was living on a prayer and wish, maxing out credit card for grocery and clothing for my son.  And wondering if I would ever be able to get out of the hole he'd made.   \n\n\nIt took 10 months for the courts to straighten everything out.  I requested that I keep my son's insurance on my policy because my exhusband was very unstable and changed jobs a lot.  They had no problems with that.  They garnished his income tax refund for the next 3 years and made it very clear to him that his child was first in his life, not his new apartment  or car or school. \n\nHe pays the very least a non-custodial parent can pay.  I was not trying to break him, I just wanted my son to have the benefit of both parent's income.  Which I think is his right.  \n\nThink of it as fighting for your children.  You would never let anyone else take anything from them or cheat them.  Don't let their father.  If they lived with him, he wouldn't have a choice about taking care of them.  He shouldn't just because ya'll aren't together.  \n\nYou don't need a lawyer.  Just go to your local office for Child support enforcement.  If you don't know where it is, search child support and your state's name.  \n\nAlso, think about life insurance policy -- child support orders normally require both parent carry one because you need that assurance in the event of an untimely death.  \n\n\nGood Luck!!
429866
I think you're past being nice to this woman. She obviously has no problem abusing the system to get what she wants, and I find that completely unacceptable seeing as women who really have stalking problems can rarely get the help she needs. You need to do some research concerning the law in your state on several factors. In my state I know you could take her to small claims court if you can prove that the amount you lent her was indeed a loan and can provide adequate proof that it was so. The burden of proof would be entirely on your behalf so I warn you it could be a long and sometimes unfruitful process. As for her claims to the authorities that you are stalking her, you need to stay away from her period. Any contact could and probably would be used against you. If they approach you for an alibi, provide it, but other than that stick to a don't ask, don't tell. This is only my opinion and if you're really serious about this situation I say approach a lawyer through legal aid to see what all your rights are.
345263
Without any court order, you can take your son anywhere you want.  I have been in the middle of a battle for some time.  I recommend you really evaluate what you want and what is best for your son.  You should consider how he will look back on this situation and on you.\n\nWith a court order a Judge declares the terms of the custody.  Police and social sevices like welfare then act according to the court order.  If there is no order, the police cannot do anything.  You or your ex could take off with your son and the police will not act.  Now, say you take your son and drop the child off at daycare while you are at work.  Your ex can show up and take the child because she is a parent.  This means that if you want to just take your son and withold custody from the mother, you will need to be able to be with the child 24x7 or hide the child so that she cannot find him until you get a court order granting you full custody.\n\nKeep in mind that the courts are very hesitant to keep a child from either parent unless there is compelling proof that the child is in danger.  In most cases, the court will award 80% custody to the mother if the child is young.  I was lucky in that I was able to take my daughter for 50% of the time while this has been going through the courts.  I am awaiting the judges decision, but all indication is that teh judge will not make a change to an agreemnet that the parents have been living by.  If I had fought my ex over the deal, she would have wound up with the 80% custody and I would have been paying out the a** for child support.\n\nIf the woman is a true danger to your child, then by all means do something right away.  But, if you will have a hard time proving in court that she is a danger, you are better off cutting your losses and tryig to handle this in a very accomidating way.
1090504
The mother would only get child support from the time the case is filed for child support...I know this because I waited eight years to file on my now exboyfriend and could not get back child support, it started from the date I filed, and more than likely it will start from the date she filed...You will need to contact your division of child support enforment or contact juvi-courts in your state and get the process started before the child gets older.   good luck.
980246
Trust me it happens everywhere. I live in Australia same thing here. My daughter went to court for a few reasons, child support being one of them. She had two children to this moron who wouldn't work, she pretty much supported him, he was abusive so when she finally plucked up enough courage to leave he got himself a job, cash in hand ofcourse went to court and claimed he was only living on the dole.Even though she had proof of him working the judge didn't want to know about it. He was ordered to pay her  $20 a month for two kids and he has never even paid that. Trust me the judicial system sucks everywhere not just Rock county. Perhaps if all the mums who have been wronged by the system got together they may be able to change things. We can all live in hope  I guess. It's just not fair, after all it's the poor innocent kids that suffer. Best of luck  K  x
1140158
Go to your county child support enforcement office..  Most states have these in every county.\nOtherwise phone a lawyer and ask.\nThey won't charge you for asking.
1127824
If you can prove to a court that she is an unfit mother than the baby is yours.  The court doesn't care about you or the mother.  They want the best for the child, If I was you the only way to win is to play dirty.  Get a private investigator he'll help you more then a lawyer will.  Have him dig up some dirt and use it against her.  Believe me I'm a woman that child is nothing but a pawn to her.  She kept her from you probably claiming she was some one else's.  That guy probably got smart you were her plan B.  Find out why you didn't know of her for those two years and why all of the sudden she's asking you for child support.  Oh and she can't deny you visitation, you pay child support she can't as much as take that child out of state lines without letting you know.  Boy read up on your right or she'll play you like a fool. Good Luck
1085225
You need to file a petition with the court.  If they ordered that he has visitation rights and she is breaking that order they can haul her back.  They also can suspend her child support payments until those visitation rights are restored.  Just don't do anything without going through the court.
1159552
Contact the court having jusidiction over the child or who originally heard the case.
997753
Yes, you need to take this deadbeat to court.  I don't know where you live, so it I can't give you any specific advice, but every city has people (usually in the family assistance office) that can help you with the paperwork.\n\nYou may not want to see this guy again, but your child--HIS child--needs financial support, and you should get it for your daughter.
219198
Start by contacting the Family Court in the Indiana county in question. They may refer you to a child support collection unit.
235700
Ok, so is everybody on yahoo just a jerk?  Didn't your mothers ever teach you that if you don't have anything nice to say, don't say anything at all?\n\nSo anyway...the way to go about it is to seek a revision of the child support order.  The fact that you have another child WILL be taken into consideration. \n\nHOWEVER, since the order is 10 years old, there have been no adjustments made for cost of living, increased costs of the child he is paying support for, etc.  Child support normally gets increased over the years for cost of living and based on the expectation that the older the child, the more expensive they are.\n\nSo, unless he is making SIGNIFICANTLY less money, or unless the child's mother is making SIGNIFICANTLY more than your husband, you are probably better off leaving things as they are.\n\nLook into things for your state.  My state has a "child support calculator" on the internet. You can enter the figures and see what the child support would be based on the facts.  \n\nThe courts probably define "hardship" differently than you do, so be careful.  Do you have a nice house, do you have decent vehicles, do you have clothes on your backs and food to eat?  Not to mention luxuries.  You will need to show REAL hardship to draw sympathy from a court when you (or your husband) is the payor.  In my state, as long as the father has $500/month gross, all the rest can go to child support if the calculator says so. Tell me how anyone can live off $500 gross?  All the sympathies are with the child and his/her mother.  \n\nAlso, you would HAVE to get a lawyer.  You never want to go to court alone, as you are sure to get the raw deal (heard that from a judges mouth)\n\nBe careful, you may be opening Pandora's Box.
802331
Explain nothing to your son until you have sought advice from your attorney.\nHe is too little to understand what's going on and doesn't need to be but in the middle\nKids usually cope better in these situation then the adults do\nYour ex has never paid child support and would have to prove he his able to care for a child he doesn't even know let him spend the money with a lawyer to find out. Maybe when he knows he is responsible for all the back payments he might decide not to see the child
62875
Contact and file a complaint with the attorney general in the county that ordered the support.\n\nIt will be collected from the parent who owes it no matter who they are.\n\nGood luck and God Bless
935556
Tell her to immediately get on the phone and report that information to child support enforcement without delay!! Also make sure she doesn't mention that she is interested in finding out if the support cvan be garnished from it to the child's father because he may try to hide it or be more secretive. Tell her prior to calling try to find out from him who the insurance compnay is that he sued, that way when she contacts enforcement they will know what insurance agency to contact to put a garnish on it. I know it can be done, because my ex husband was hit by a car as a pedestrian and he was warded money. They took it and because he has such a history of not paying they even took out a year's worth of ADVANCE payments. Hopefully there is still some time before the insurance company pays to allow for enforcement to contact the insurance agency and to allow for them to get the petition to granish over to a judge to get signed. She needs to take advantage of this quickly before he gets that check and cashes it and it's too late for her to lay claim. If for some reason your state doesn't allow support to be garnished from a settlement, which I don't see why not, then she needs to make sure once she knows he has endorsed that check that she stays on enforcement's back of pursuing him to comply with child support...I'm sure if they don't garnish his check, once he cashes it and he has a choice of jail or paying a 5th of his check to support, he'll choose to pay.
1171768
you have to prove that she is an unstable mother. but even if you dont get custody you still have the right to visit your son as much as you want to, no matter how far he is from you. And if she doesnt let you visit your son then report the bitch, if your son is old enough to make his decision then go back to court and the judge can hear both the woman side your side and your son decision  But Good luck to you and your son!!!!!!!!!!!!!