If the state of Iowa orders child's dad to pay support, will we have to arrange visits?
My now 14 month old daughter and I left her father in October of 2009. We were living in the state of Indiana. In January of 2010, my daughter and I moved to Iowa to be with my family. I had tried to contact him several times, but never heard from him. Finally, in the middle of February he sent me an email. He is not working, does not have his own place, car or driver's license. The reason I left him is because he is a habitual liar and drug addict.
I am receiving Food Stamps and cash each month from the state of Iowa. The state has made me fill out papers for 'Child Support Recovery.' I know that he has no way of paying support right now. My question is that if he does one day start paying child support, will my daughter have to visit him?
We never were married. But I would like to go to court to get full custody of my daughter. Would I have to do so in Indiana? Any advice for how I should go about doing this?
- baLv 51 decade agoFavorite Answer
As someone said, they are separate issues.
The state of Iowa will set child support based on what he could earn, not what he does. The reason they do this is so he won't go out and get a low-paying job when it's time to set child support, or even quit working altogether. They will not take into account the habits he has that will affect his ability to support your daughter.
Child Support Recovery is just that--recovering child support. It has nothing to do with visitation. If you are married, the judge will decide on visitation when you go through a divorce. Until that time, or if you aren't married, HE will have to go to court to get visitation set. You do not have to give him visitation without a court order, and it is not your responsibility to get that court order.
My best bet is he won't take visitation until he's got his life cleaned up or until he finds a woman who will take care of your daughter when she visits.
EDIT: oh yeah-if he can't pay CS through his paycheck, they will go after other sources of money. If they can't get it that way, they will let it accumulate. Eventually he'll get a job and they take up to half his paycheck to pay back support. Since you are on welfare, they will give you part of it (I think $50 a month) and keep the rest as payback for them supporting the child in his place. Even if he pays it all back in one month, you will get that set amount. You are lucky Child Support Recovery is going after him. Once he's in their system, he's in it until she turns 18. (and you won't be on welfare forever!) plus, they will try to get child support raised every two years, if you ask them to.Source(s): Another Iowa single mom (since remarried) another edit: my sister married in Illinois and came back to Iowa while her husband stayed in Illinois. She filed the divorce here and everything was done through the Iowa court system. I think it would be the same for a custody decision. Child Support Recovery will still go for child support.
- M. HelmanLv 41 decade ago
The payment of support does not entitle a parent to see their child. Nor does the non-payment of support prevent a parent from seeing their child. Support and Custody/Visitation are two separate things. In order for the father to have partial custody (allows the father to take the child away from the parent that has Primary Physical Custody but must bring the child back at the appointed time.) which is different from visitation - which is done under supervision - the father will have to file a petition asking to see his child. Hopefully you have filed a petition asking for Full Custody of your child so that the father cannot come to take the child from you and claim that he has the rights of the father and therefore he has legal rights since no order of custody was made by the court.
The support recovery is to attach wages and grab any of the property he may have or may obtain in the future including income tax refunds so that the state will be compensated for all the money they are putting out to give you and your child. The courts in the father's home state will go after him and require him to find some employment in order to pay back the money request of the state that is giving you the support.
If the father does not file a petition for custody / visitation then he cannot and should not legally be allowed to take the child from you. If the child is that important in his life he'll file the petition.
- arquellesLv 43 years ago
jointly as I understand your subject with having your visitation decrease, you're nevertheless accountability guaranteed to pay toddler help, be it legally or no longer. little ones can elect they do no longer opt to pass to a be certain, and that i've got self assurance the age continues to be 13. i'm from MO and my mothers and dads went by way of a difficulty quite like this. interior the tip my father owed plenty decrease back toddler help that it became into taken out of his pay examine while taxes have been taken out. Then he became into provided earnings court docket and that became into additionally immediately sent to my mom. base line, she is your toddler and you're obligated to assist her until she is eighteen.
- ❶WifeLv 41 decade ago
Yes and once you speak to a child support enforcement let them know that
he has a drug addiction. They will work it out for you.
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- csucdartgirlLv 71 decade ago
He could visitation rights, but the affording it could be the major obstacle. Additionally, you can require that he be drug tested before seeing her and that road block would be up to him to avert.
- Anonymous1 decade ago
no, child support has nothing to do with visitation rights. that will be an issue for your divorce hearings
- 1 decade ago
you guys will most likely have to go to court to decide that but with his history with drugs and all it will make it harder for him to win the case