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RKL
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Reged: 08/23/05
Posts: 9
not married to father, child support
      #28229 - 08/23/05 04:03 PM

My daughter is not married to the father of her 15 month old baby. She had went to court for child support last July. Filed several months earlier. The father makes $70,000 a year that he puts on his income taxes. About 30,000 under the table. (which was not considered in the judgement)My daughter makes 16,000 a year. She got the final court order yesterday. The judgement says the father does NOT have to pay any back support. Does NOT have to pay any of the hospital bills from the baby being born. Nor does he have to pay any of the $1000 it cost to have tubes put in their baby's ears. Is this all normal? Or did she get a bad lawyer? Is there anything she can do? She lives in the Springfield MO area.thanks

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LeAnne
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Reged: 08/18/05
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Re: not married to father, child support [Re: RKL]
      #28430 - 08/24/05 12:37 PM

I would have to say she got screwed. My husband had pretty much the same situation. Before me he had a week fling, that he met at the bar. She was on welfare. He had to pay for DNA testing, done by the state, all hospital bills, and child support from birth. They back dated CS from birth. By the time everything was done and it was his kid, he owed about 8000. in back payments. I don;t know if they have changed the laws, his case was back in 1992. All of his payments have went back to the state to pay for the welfare she recieves. We live in mo. also. Did she go through CS enforcement? That would be her best bet because it won't cost her anything.

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RKL
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Re: not married to father, child support [Re: LeAnne]
      #28495 - 08/24/05 03:45 PM

My daughter is not on welfare. She does not even want that. All she wanted was for the dad to pay 1/2 of all the medical bills including the birth. 1/2 the surgery for tubes having to be put in his ears. This guy has money and comes from money. And is used to getting everything his way. When he got the judgement he called and bragged to her that everything went his way. She just thinks it is fair he helps to pay for any medical bills. And monthly child support to be able to get him things he needs. Her baby is everything to her. She did not go through child support enforcement. SHe hired a lawyer. Which she also has to pay 100% of.
My daughter first filed for support July 2004 (He was born May 2004), First court date was in Dec. just to get the temp support ordered. They went back in July this year to get the final order. She at that time was told by her lawyer that he (the dad) was going to pay 1/2 of all medical bills and back support. When the final judgement came the other day. She found out he did not have to pay any back support . ZERO past medical and ZERO future medical. Just has to keep the baby on his insurance. And the dad gets him for 2 weeks in the summer this year 2 weeks at age 2. 3 weeks at age 3, etc till it is up to 6 weeks. This was the fist CO. The dad has no other kids. Makes 100,000 a year. Even though he only puts $70,000 on his income taxes. My daughter makes about $16,000 a year.
He was really upset that she asked for child support. Said he would have to change his lifestyle.
Also untll recently he didn't even want the baby for overnight.

Edited by RKL (08/24/05 03:53 PM)


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LeAnne
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Reged: 08/18/05
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Re: not married to father, child support [Re: RKL]
      #28524 - 08/24/05 05:10 PM

Personally, I think she needs to apply for government help. Start with foodstamps and housing assit. Can't hurt to try. The government does not want to pay if dad is able too. Tell her to go to CS enforcement and put her case in. They are free. They base everything on income, you could even figure it out on CS calculator web site. She should get help with daycare also. He should be required to pay 1/2 of medical not covered by ins. Once she starts costing the government they will go after him. Talk to ya later, time to go home

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RKL
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Re: not married to father, child support [Re: LeAnne]
      #28596 - 08/25/05 08:06 AM

I do not think she could get food stamps. My daughter is living with her dad for now. (I live 2000 miles away) Can she appeal the judgment? Why would a judge not order the dad to pay 1/2 medical bills? Looking at her and his income.

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LeAnne
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Re: not married to father, child support [Re: RKL]
      #28621 - 08/25/05 10:20 AM

I think it would be in her best interest to apply at least for medicaid? Does she still owe the hospital bill? We also have WIC, they provide basic formula and food for baby. If she is breastfeeding they will also give her good food. I would turn the case into CS enforcement and they will do the modifications to the support order. The state will go after him. In mo. usually medical exp. not paid by ins. are split between the two, her 1/2 might be covered by medicaid. How much did they make him pay?

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Cinder2
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Re: not married to father, child support [Re: RKL]
      #28628 - 08/25/05 11:41 AM

There must be some reason why the judge would not order back support or back medical bills. What argument did the dad's lawyer use?

Cinder


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LeAnne
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Re: not married to father, child support [Re: Cinder2]
      #28635 - 08/25/05 12:53 PM

Sometimes in small country towns you get the good old boy syndrome. If comes from a family with money, they might have golf outings with the good old judge at the local country club, her lawyer probably has had a few beers with his lawyer. We have the same problem with our little city officials. We have a phrase, its not who ya know, but who ya blow. Her best bet will be the prosecutor for child support enforcement. Might take 6 months to a year to get completely processed with the backlog. If he ever quits paying thats where she will want her case. They can take drivers, hunting, fishing license. Intercept tax refunds and make his life a living hell. If he is 2 months behind they will able to garnish wages. If he becomes 5000 behind he will be behind bars. This won't cost her anything, all funded by tax dollars. Try to talk her into it!1

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RKL
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Re: not married to father, child support [Re: LeAnne]
      #28652 - 08/25/05 03:57 PM

She still owes part of the hospital bill and still owes on the bill for the tubes in the baby's ears. She gets around $500 in child support. And the dad has to put him on his health insurance. I will have her check and see if medicaid will pay for what his insurance won't pay.
The dads, dad is a CEO in one of the departments at a local hospital. Right before the last court date my daughters lawyer told he he had agreed to pay 1/2 of everything and the back support for a total of I think $13,000. Thats why she was so shocked when she got the final judgement a couple of days ago. And her lawyer won't return her calls.


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LeAnne
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Re: not married to father, child support [Re: RKL]
      #28653 - 08/25/05 04:45 PM

That does not seem like near enough, what about daycare. I know guys who make 50,000 and pay 700. plus daycare. Here is a web site www.dss.missouri.gov/cse. This is the site we use for alot of info. There is a free MO. CS calculator, can't remember if its on this site if not just search for MO. CS calculator. Let me know if I can help you with anything else? Tell her to apply for anything she can get. If she goes with CS enforcement, They will make him pay for his 1/2.

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RKL
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Re: not married to father, child support [Re: LeAnne]
      #28685 - 08/25/05 08:58 PM

He also pays $400 a month day care.

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LeAnne
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Re: not married to father, child support [Re: RKL]
      #28692 - 08/25/05 09:57 PM

Does he purchase anything for the child as far as clothes when he has the baby? Are his parents involved as grandparents? If they have alot of money for lawyers, might not want to rock the boat to much, don't want them going for custody. She still might want to see if medicaid will cover her half. She should be able to file head of household on taxes with the little that she makes she should get alot back in taxes. Better check with CPA, don't now how that works with her living with dad.

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RKL
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Re: not married to father, child support [Re: LeAnne]
      #29052 - 08/26/05 09:07 PM

He buys a few things. Those things stay at his house. The baby got sick when he was last at the fathers house. He called my daughter up asking what to do. She ended up having to go over.

She saw another lawyer. He looked at the papers and said the papers were not even complete. There were blanks where the amounts should be. My daughter and the father both took that to mean he owed zero . She has so many days to refile and she is doing that. The way the papers looked it did seem as if he owed nothing.The new lawyer said her other lawer did not do his job. That she should get back support and 1/2 medical.
The fathers parents told my daughter if she went after thier son for child support they no longer wanted anything to do with thier grandchild.


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LeAnne
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Re: not married to father, child support [Re: RKL]
      #29069 - 08/26/05 11:22 PM

If that is their attitude, I don't think she really wants her kid being around people like that anyway. I thought he should pretty much have to pay. Maybe if her new lawyer calls the old one, maybe he"d give some of the money back. I wonder if she has any recourse against the old lawyer for not doing his job?

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RKL
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Re: not married to father, child support [Re: LeAnne]
      #29082 - 08/27/05 12:27 AM

SHe is going to call the Bar association about him to see what can be done. Thanks for your advice. I will try to keep you updated.

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RKL
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Re: not married to father, child support [Re: RKL]
      #29466 - 08/29/05 08:32 AM

Something else. In the papers it says when it is time for his visitation he can have anyone come pick thier son up he wants. BUT when it is time for the visitation to be over ONLY she can pick him up. And she has to get him at 9am thursday morning. Well she has to be at work at 9am Thursday morning. He does not want to work with her on that.

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