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I am New to SFV
Posted
hello all. its been a while since i last posted on here. you all have been great with all the help i have gotten in the past. well guess what? i have something else that has arose. so here we go...

i was in a 3 year relationship which is currently broken up for good since last july, we were never married. as a result of that relationship we had a son together. he is now 17 months old. my ex moved out of town 4 hours away, but in the same state with my son. she is now threating to take me to court for child support. i have no problem taking care of my son with money related issues. we are in two seperate cities and i cant see my son like i'd like to. of course i can take a trip out there to see him for a day and so fourth. but she wont make the effort for me to see my son what so ever and has said i cant see him unless i give her more money. i just got a second part time job to make ends meet a month ago. my major qestion: if i go to court, will the judge take child support out of both jobs or just the pre-existing job? also, if a court order is made, can it be arranged that she has to meet me half way for me to get my son? i'd like to file on my own for my parental rights and visitations asap. im thinking no matter what, i will be court ordered to pay child support either way. just wondering??? thx for any responses...

EDIT: i forgot to mention i live in colorado. also, she is telling me to give up my parental rights just to to do because thats what she wants, not me. she currently has a boyfriend and says that she wants him to adopt my son. can that be done???


Things always work out, somehow.
 
Posts: 12 | Location: denver | Registered: 11 June 2004Reply With QuoteEdit or Delete MessageReport This Post
I am New to SFV
Posted Hide Post
wow, no feedback on this one huh?


Things always work out, somehow.
 
Posts: 12 | Location: denver | Registered: 11 June 2004Reply With QuoteEdit or Delete MessageReport This Post
Don
"Moderator
Proud father/grandfather"
SFV JUNKIE!!!
Posted Hide Post
Hey laybac, sorry this didn't get answered previously.

A judge could look at both jobs to determine income and base child support from that. I also suppose they could garnish both paychecks....but I think that would be more confusing than anything. To garnish wages, the employer receives a notice of the court order with the amount and instructions as to how much to garnish depended on how often a month pay is distributed. At least I've never heard of that court order being divided up, although I could definitely see that happening if the first job's income is not enough to cover the whole garnishment.

So are you currently paying her support? If so I hope that you are keeping cancelled checks, to prove later that you had been paying so that she doesn't just claim that you haven't given her anything and you end up paying twice.

Visitation and child support are two different issues in court. Unless you file for visitation she lawfully doesn't have to allow you any time. Especially since you weren't married, unless paternity has been established and an order for visitation has been made, she does not have to allow you visitation yet.

As for giving up parental rights.....you would have to agree to that. RARELY, will parental rights be terminated even if you agree unless someone is adopting the child and therefore taking the responsibility...including financial support. So, she could not continue to get support from you if your rights were terminated.


 
Posts: 4724 | Location: California | Registered: 15 January 2004Reply With QuoteEdit or Delete MessageReport This Post
Board Blazen Parent
Posted Hide Post
Don't worry about losing your parental rights, she can't do that for as long as you are involved with your child upbringing and I don't mean only money.
Also, since she is the parent who moved away with the child they are going to force her to meet you half way or something to that effect like, you go pick him up and then she comes pick him up. I thinks is all up to you whether you want to be a father or not. If you don't, let the BF adopt him and your off the hook for CS payments.
Adrian
 
Posts: 370 | Location: Corinth, TX | Registered: 02 June 2007Reply With QuoteEdit or Delete MessageReport This Post
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