FacebookTwitter
Hatrack River Forum   
my profile login | search | faq | forum home

  next oldest topic   next newest topic
» Hatrack River Forum » Active Forums » Books, Films, Food and Culture » paternal visitation--legal question

   
Author Topic: paternal visitation--legal question
babager
Member
Member # 6700

 - posted      Profile for babager   Email babager         Edit/Delete Post 
I have a legal question and am hoping in a group with such diverse knowledge someone can point me in the right direction.

My son (almost 19) has an 18 month of son with his ex-girlfriend. He is on the birth certificate, the baby has his last name, and he signed the form at the hospital acknowledging paternity. However,since he and the mother have split up she will not let him see his son. He wants to get visitation and child support established but the court here will not let him do that without a lawyer, we contacted the state legal aid services but it will still cost him $776 dollars (which to a 19 year old is a fortune). I did find some information online that said he would need to file a petition under the Kansas Parantage Act but can not seem to find any information on exactly how to do this. Any ideas?

Posts: 295 | Registered: Jul 2004  |  IP: Logged | Report this post to a Moderator
Goody Scrivener
Member
Member # 6742

 - posted      Profile for Goody Scrivener   Email Goody Scrivener         Edit/Delete Post 
paternity forms
Posts: 4515 | Registered: Jul 2004  |  IP: Logged | Report this post to a Moderator
Strider
Member
Member # 1807

 - posted      Profile for Strider   Email Strider         Edit/Delete Post 
hilarious link. i had never heard of that site before.

not so hot on the delivery, since you typed the entire url into the search bar(which implies knowing that entire url from the start) instead of the appropriate search(kansas paternity forms) which is what you were attempting to point out in the first place.

effort: B
execution: C-
completely unnecessary analyzation by Strider: A+

Posts: 8741 | Registered: Apr 2001  |  IP: Logged | Report this post to a Moderator
ludosti
Member
Member # 1772

 - posted      Profile for ludosti   Email ludosti         Edit/Delete Post 
I applaud your son for wanting to assert his right to see his son and I hope he is able to get visitation rights squared away. However, when $776 for a lawyer seems like a fortune, is he prepared for the reality of child support?
Posts: 5879 | Registered: Apr 2001  |  IP: Logged | Report this post to a Moderator
Coccinelle
Member
Member # 5832

 - posted      Profile for Coccinelle   Email Coccinelle         Edit/Delete Post 
First- I applaud your son for wanting to be involved [Smile]

Second- my knowledge of child support/paternity issues is based soley on Texas law- so it's not going to be 100% helpful for you in Kansas.

In Texas, the Attorney General's office is responsible for paternity and child support issues. Either parent can go to one of the child support offices and open a child support case. If the father signed the Acknowledgment of Paternity (which it sounds like your son did), and he's opening the case, then usually that results in an informal hearing before a child support officer where they negotiate visitation and child support payments. If one of the parents is under 18 or if one is not in agreement with the hearing results, the case will go to court and a judge will make the final ruling on payment and visitation. In texas, visitation can be tied to child support easily- but establishing custody requires the parent to hire a lawyer.

It looks like (from my look at the AOG website for Kansas, that the AOG office is not over child support. There is a child support Enforcement office- (http://www.srskansas.org/cse/cse.htm) with a dinky website. However, a phone call to their office might lead you on a lawyer-free path. Reading over their handbook (on the aforementioned website) it looks like they don't account for father's opening cases...which is unfortunate- I'd call their office [Smile]

Posts: 862 | Registered: Oct 2003  |  IP: Logged | Report this post to a Moderator
babager
Member
Member # 6700

 - posted      Profile for babager   Email babager         Edit/Delete Post 
Thanks for the info [Smile]
Posts: 295 | Registered: Jul 2004  |  IP: Logged | Report this post to a Moderator
babager
Member
Member # 6700

 - posted      Profile for babager   Email babager         Edit/Delete Post 
ludosti- no.. I don't think he is ready for the reality of child support... but he knows that he has to take responsibility, and he WANTS to take responsibility, unfortunately he is not being allowed to. I am concerned, though, that in a few years the mother with file for back child support
Posts: 295 | Registered: Jul 2004  |  IP: Logged | Report this post to a Moderator
andi330
Member
Member # 8572

 - posted      Profile for andi330           Edit/Delete Post 
First, I know nothing about child support, but I wouldn't think you could file for back child support unless it had been determined by the state and you hadn't made payments. I could be completely wrong though.

It's very good that your son wants to take responsibility for his child. It shows his moral character.

Posts: 1214 | Registered: Aug 2005  |  IP: Logged | Report this post to a Moderator
scifibum
Member
Member # 7625

 - posted      Profile for scifibum   Email scifibum         Edit/Delete Post 
quote:
Originally posted by babager:
ludosti- no.. I don't think he is ready for the reality of child support... but he knows that he has to take responsibility, and he WANTS to take responsibility, unfortunately he is not being allowed to. I am concerned, though, that in a few years the mother with file for back child support

Perhaps he should start a savings account, and put away a child support-sized deposit every month. If he ends up on the hood for past child support, he will be prepared. If he never manages to be part of the kids life or help support him, when the kid is eighteen your son can either enjoy the nice sum in the bank or spend it on the kid's college.
Posts: 4287 | Registered: Mar 2005  |  IP: Logged | Report this post to a Moderator
Lyrhawn
Member
Member # 7039

 - posted      Profile for Lyrhawn   Email Lyrhawn         Edit/Delete Post 
That sounds like a very good idea. That could be a huge rude awakening to find he has to pay a massive sum of money much later on.

Good thinking scifibum.

Posts: 21898 | Registered: Nov 2004  |  IP: Logged | Report this post to a Moderator
AvidReader
Member
Member # 6007

 - posted      Profile for AvidReader   Email AvidReader         Edit/Delete Post 
quote:
...I wouldn't think you could file for back child support unless it had been determined by the state and you hadn't made payments.
At least in Ohio, the state can find you owe them without you being notified. My step-dad was found to owe 18 years of back support plus interest on a kid he didn't even know was his until after the kid was 18. Not only does he have to make monthly payments, but the government snags his tax refunds. I doubt he and my mom got their stimulus check when the rest of us did.

If the ex-girlfriend needs any kind of government assistance, the state will expect your son to pay what he can. I think he's doing exactly the right thing by showing that he's willing to pay. Let's face it, there's a huge difference between not having $800 immediately for a lawyer and needing to come up with $50 a month for support. A job at McDonald's and a clean payment history can be the difference between a crippling debt and a host of possibilities for his future.

Posts: 2283 | Registered: Dec 2003  |  IP: Logged | Report this post to a Moderator
ketchupqueen
Member
Member # 6877

 - posted      Profile for ketchupqueen   Email ketchupqueen         Edit/Delete Post 
Do you have a university nearby with a law school? Sometimes they have a legal aid program separate from the state's, and will waive any fees if the client is unable to pay.
Posts: 21182 | Registered: Sep 2004  |  IP: Logged | Report this post to a Moderator
Kwea
Member
Member # 2199

 - posted      Profile for Kwea   Email Kwea         Edit/Delete Post 
$50 a month? I don't think so!
Posts: 15082 | Registered: Jul 2001  |  IP: Logged | Report this post to a Moderator
scifibum
Member
Member # 7625

 - posted      Profile for scifibum   Email scifibum         Edit/Delete Post 
I think most child support judgments are proportional to income, but I'm pretty sure there's a floor somewhere far north of $50 (excuse the orientationally ambiguous metaphor). At least I've never heard of an obligation that low.
Posts: 4287 | Registered: Mar 2005  |  IP: Logged | Report this post to a Moderator
BlackBlade
Member
Member # 8376

 - posted      Profile for BlackBlade   Email BlackBlade         Edit/Delete Post 
Anecdotal evidence not being very strong, my cousin owes child support to his ex every month and it's several hundred dollars a month. I'd put the floor closer to $300.

Kansas CS calculator.

Hope that helps.

Posts: 14316 | Registered: Jul 2005  |  IP: Logged | Report this post to a Moderator
AvidReader
Member
Member # 6007

 - posted      Profile for AvidReader   Email AvidReader         Edit/Delete Post 
My husband's mom only paid $50 a kid per month. Granted, that was 20 years ago, but I didn't realize it'd gone up so much.

The calculator over at AllLaw.com seems to think $200 is a bit more reasonable for someone working full time for minimun wage. Still, it's better to pay it now than be arrested later for not knowing you were supposed to pay it.

Posts: 2283 | Registered: Dec 2003  |  IP: Logged | Report this post to a Moderator
ludosti
Member
Member # 1772

 - posted      Profile for ludosti   Email ludosti         Edit/Delete Post 
quote:
Originally posted by scifibum:
quote:
Originally posted by babager:
ludosti- no.. I don't think he is ready for the reality of child support... but he knows that he has to take responsibility, and he WANTS to take responsibility, unfortunately he is not being allowed to. I am concerned, though, that in a few years the mother with file for back child support

Perhaps he should start a savings account, and put away a child support-sized deposit every month. If he ends up on the hood for past child support, he will be prepared. If he never manages to be part of the kids life or help support him, when the kid is eighteen your son can either enjoy the nice sum in the bank or spend it on the kid's college.
This is an excellent idea! While he is working out the legal issues, it would likely do him a lot of good (in several ways) to do something like this.

I'm really glad that he's wanting to take responsibility and is working towards that end. I know a lot of young men would not. I'm sorry that his ex is making him fight, but it will hopefully be a good thing to jump through the legal hoops and get the law on his side.

Posts: 5879 | Registered: Apr 2001  |  IP: Logged | Report this post to a Moderator
Coccinelle
Member
Member # 5832

 - posted      Profile for Coccinelle   Email Coccinelle         Edit/Delete Post 
It is to his benefit to file, or until he can to make monthly contributions to the mother - checks are probably best because they serve as a record that they were given- and cashed. I used to advise my students to buy a receipt book and each time the father gave the mom money he'd write a receipt for it and have her sign.

In Texas, back child support can be ordered by the judge regardless of if the mom asks for it. Normally the hearing goes something like, "and has he been providing support for you?" If she answers yes, no back child support, if she answers no, either he has to prove that he has or he's also asked to pay back child support.

So, it's in his best interest to keep a record of everything. Now in Texas (again, have to have that disclaimer), only money counts as child support. If he buys diapers, clothes, food- those are considered gifts. Some judges will consider those if they're part of records of past support, but some will look at it, ask the boy if he's given the mom any cash and if he hasn't, he'll still have back child support.

As far as minimum payments- most of my boys had 100-250 a month payments- the minimum payment in Texas for a kid with no job is $50. Child support is normally a percentage of the father's income, with the percentage increasing for each child.

Posts: 862 | Registered: Oct 2003  |  IP: Logged | Report this post to a Moderator
   

   Close Topic   Feature Topic   Move Topic   Delete Topic next oldest topic   next newest topic
 - Printer-friendly view of this topic
Hop To:


Contact Us | Hatrack River Home Page

Copyright © 2008 Hatrack River Enterprises Inc. All rights reserved.
Reproduction in whole or in part without permission is prohibited.


Powered by Infopop Corporation
UBB.classic™ 6.7.2