should a mother take father to court over child support thats been done out of court but hes not paying?
the mother an father set it outside of court that he pay only 200 a month he drives a taxi. he has missed a payment allready almost 2. he filed his income taxes with the son on them to pay back the 3,000 he owed plus something else dont know exact what. after all his taxes was done he had like 700-1,000 left he only gave mother 300 after she found out about him doing that. but before she found out he was trying to buy 570 dollar rims for his car instead of paying the child support he owed. he never told her about filing the child she had to find out through a friend. he said he was going to supprise her with the money he owed her. so shes wanting to know if she should take him to court or just wait an see if he takes her to court. his name is on birth certificate but child has her last name if that helps better her answer an never been married child was born out of wedlock an shes trying to basically get advice on what she should do about this so please be serious thank you.
- Yvette B yvettebLv 61 decade agoFavorite Answer
well the honor system doesnt work, thats been proven time and time again.
she needs to call her county court clerks office and ask how to get a child support order. they will walk her through what she needs to do to.
married or not, baby out of wedlock is common today. they dont care about that, although he could contest the child is his (which he may try and deny the childs his) so DNA test will be ordered. then the results come in, income is calculated (both parents incomes are included in todays courts).
if she already has a child support order, then she needs to call her caseworker and ask for an enforcement hearing.
here are some links. one is a child support calculator; just click on your state and fill it in. that will give you a basic idea as to what amount will be paid. the other links will also show you what laws are in place to protect the child (child support laws). some links you will need to click on your state then find the section you need (child support, visitation, custody, etc). the last few are to help.
FACTS AND REGIONAL FEDERAL CS OFFICE INFO
FIND YOUR STATE REPS
- wondermomLv 61 decade ago
Yes! She needs to take him to court! It doesn't matter that they made a deal! He broke the deal. Not only take him to court of child support but also for the tax credit he recieved for the child. That belongs to the mother. She will lose the 400 dollars he has not paid because there was no legal agreement. But shoot she will be getting more the 50 dollars a week and the tax credit!
Getting rims for his car doesn't feed the baby!
Marriage or no marriage that baby is still his responsiblity! She isn't asking for Alimony! You need to be married for that she is asking he help support his daughter!
- Anonymous1 decade ago
While it appears that he has reneged on his part of the agreement, she should contact the local Child Services department, she will be assigned an attorney (by the state) on her childs behalf. They will decide what amount he needs to pay and if he doesn't pay they will pursue him and he will be at the mercy of the courts. They now will suspend a persons drivers license, professional license (contractors, insurance agent) if he does not pay. It is now her turn to surprise him!!!!!!
- Anonymous1 decade ago
Take him to court. He is getting off too easy, the court will make him pay more money. A weekend or two in jail and he will straighten up and make his payments.