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I am New to SFV
Posted
Hi all,

I've browsed most of the comments in this section and see that I am not alone in my ethical struggles.

My question/area of need; am I right in pursuing a child support claim? If so, can I have some encouragement in my quest to do so?

I've been the single parent of my daughter since her conception; she will be 3 years old in July.

Her father and I were only casually dating at the time of her conception. He wanted me to have an abortion, I chose to keep her. For the first year of her life I stayed true to my word to him that I would not seek support because I felt that since it was my choice to have her, I should bear the brunt of full responsibility, but I warned him things might change.

When she was one year old she needed tubes placed in her ears. I contacted him as to putting her on his insurance and he refused to do so. I told him the alternative (explained later) and he told me to do whatever I had to, but he would not claim her legally.

Two years ago I filed for Medicaid and K-Tap, Kentucky's version of welfare. This coincided with my entering graduate school as a full-time student. Under law, I had to provide his name and information for KY to seek child support from him.

It's been two years and no one has ever contacted myself or him in the matter.

I will graduate in May and am thus far job-less. Our K-Tap benefits will run out in July. I plan to be employed by then and we have a great appartment (public housing) that we can keep as long as we want, but I've started thinking about pursuing my case for child support.

We've lived off the state and student loans for two years. Trust me, it is not easy being a full-time grad student (MSW nonetheless) and single mom, but I know I have had it so much better than others. I don't flip burgers for minimum wage or worry about medical costs or if we will have enough food.

I have an appointment with a worker March 17th, just to discuss the matter I suppose. I really don't know much at all about how it all works. I do know I signed my rights over when I accepted K-Tap, and I know that the father has threatened me in the past that if I pursue support he will pursue custody.

As for that, he has not seen his daughter since she was three days old. He never signed the birth certificate and as far as I know his paternity has not even been declared.

He has threatened me into not advocating for child support by stating he will go for custody if I do.

I'm a 33 year old professional, soon to have an MSW degree, and I live in another state than him. He is an assistant teacher with no degree at high school. Does he have a chance in a custody battle? Am I better off to just let this lie and see if the state ever gets around to getting their own money back?


Thanks for reading such a long post. I know my story is not unique, but right now I really need to know if this something I should do?
 
Posts: 3 | Location: Kentucky | Registered: 28 February 2006Reply With QuoteEdit or Delete MessageReport This Post
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Hi,

Your details are peculiar to your case so no-one here can say yes or no. Each and every case is different but generally speaking, I doubt he has any chance at all.
Custody cases are normally decided in the best interest of the child. Where the child resides, who cares for their daily needs, and routine are all major factors. The courts are reluctant to make drastic changes in a child's life.

To be more specific with only the details you've provided, he won't get custody because he has had no contact, has paid no support, has not willingly admitted paternity.

Now the downside. If you pursuit this action, then firstly, paternity will be established. If it is proven that he is the father, (not doubting you but the courts will only hear documented proof in these matters) he will be ordered to pay child support and other expenses possibly including health care and insurance. That being said, he now has legal right to ask for access and/or visitation. Unless he is proven (again documented proof) to be a danger to the child then most likely he will get access/visitation.

This is just general info. Each jurisdiction has rules of their own. Check locally for more specific information. Hope I've helped.
 
Posts: 1796 | Location: a little village in a big world, Canada | Registered: 18 September 2004Reply With QuoteEdit or Delete MessageReport This Post
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Ikcaj, welcome to SFV. As JD said, each case is different. Based on what you said, he can go for custody, but unless he can prove you an unfit mother, he would have a difficult time winning that case not having seen the child in nearly 3 years or supporting her at all during this time. I'm really shocked, though, that the state hasn't gone after him for support yet, though. My son was only 3 months old when I got a letter from the state saying that they wanted to go after his father for child support. Now, my son turns 8 years old next Friday and hasn't seen his father since he was just 6 months old. His father threatened to go after custody, but it never happened. Most of the time, and not necessarily in your case, an absent parent will threaten whatever they can in order to get you to not go after them. In my case, the state did it, but you do have that right to have him help support this child. If he does go for visitation, unless he is dangerous to your daughter, I say that he should be allowed contact. I'd give anything for my son to know his father and not have the hurt and anger he deals with on a daily basis. This is just my opinion, and shouldn't be what you base your final decision on. Whatever you do decide, know that we will be here for you and see you through to the end.
 
Posts: 1604 | Location: Kissimmee, FL | Registered: 10 September 2004Reply With QuoteEdit or Delete MessageReport This Post
CA
"SEEKING: 25th hour & 8th day"
At A loss for Words - NOT!
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Ikcaj,

JD and TM are right. There are different circumstances in every case but, I doubt very seriously that any judge in this nation will remove a child from their safe, loving home and place them with a virtual stranger.
He is threatening you. Empty threats playing on your emotions. He did not want this child to begin with, why would he ever. Unless he has a change of heart and has that happened yet?
Soon you will be able to provide him with a more economically stable home because you sought out to better yourself. That will be a very strong consideration if anything ever gets to court.
As for the state going after him. Well that might happen in 10 or 20 years. They are trying (or not) to get the money from him to replenish the support they gave you. My ex has a child he has never seen or paid child support to (not mine). The state of Pennsylvania has sent papers out to the incorrect address twice. He got the papers eventually but, "was improperly served" because someone else signed for them. I have not been in that situation since I left him but, as far as I know they have not caught up with him yet. The child is soon to be 14.
 
Posts: 1598 | Location: Florida | Registered: 14 February 2004Reply With QuoteEdit or Delete MessageReport This Post
I am New to SFV
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Thanks for the input everyone. I have an appointment scheduled for the 17th of this month. Wish me luck and courage!

Jacki
 
Posts: 3 | Location: Kentucky | Registered: 28 February 2006Reply With QuoteEdit or Delete MessageReport This Post
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Hi Jacki,

Best of luck to you!

Thank you for posting your question. I am struggling with a similar debate myself and it was comforting to read your posting and know that I am not alone in the struggle with this decision...

I was 32 when I became pregnant. I had only been dating her "father" for maybe about 6 months. The relationship was already starting to get rocky. But at first he seemed very accepting of the pregnancy. The relationship failed but he said he wanted to remain involved in the pregnancy. He had even attended the first several doctor's appointments with me.

Then out of the blue one day, we were leaving the doctor's office and he stops me and says that he questions whether the baby is his. Since he was fully aware that I had not been in ANY relationship for two years, this really upset me. I screamed at him in the parking lot and told him that if that is the way he felt he could just stay out of our lives. Of course, this is what he wanted... he was unemployed, with no ambition to be employed, and the thought of the financial requirements to support a child was driving him insane.

I never heard from him again. My doctor told me that shortly after her due date that he called the office asking if I had had the baby yet and asking if he had been named on the birth certificate. The doctor's office (who I informed of the situation) would not give him any info.

Because I did not feel that my daughter would be safe with him (heavy drinking, sleeping pills at night making him so drowsy that he would not be able to wake up to respond to a baby's needs, other personality disorders and family issues) I decided not to pursue child support. Another consideration is that he is also the type of person that would feel "if you are going to make me pay money, then I am going to make your life as difficult as I can" and I just couldn't bear the thought of fighting him all the time.

So the trade off was no CS for the protection of my daughter. I even went to see a lawyer to ask how I should protect her from him. She advised me to just wait it out...since paternity was not established he had no rights and unless he started demanding rights to her then I should just let him slither back under the rock he crawled out from.

I live with my parents because I cannot afford anything else. I receive no CS and no state assistance because I make "too much money" to qualify (I received state medical assistance for my daughter for one year, until my annual raise of a whopping 70 cents/hour put me over the threshold by $100). I love how their guidelines refer to before tax income...and do not factor in the bills you need to pay to survive. I am now starting to drown in debt. I am racking up my credit cards for things like groceries, gas, clothes...

So that is where my dilema...like yours...comes in. My daughter is now 3 years old. I am in debt up to my eyeballs and although I am completely against it, I have been seriously considering having the state go after him for CS. From my previous discussion with the lawyer, I know that he would have a hard time getting custody, but he would get to have visitation and I am not sure if I am comfortable with that yet.

I have always intended for my daughter to eventually locate her father. I have his SS# and other personal info kept safe for her so that when she is ready I can help her to find him. But I would prefer for her to be a little older so that she can verbally state if anything happens that bothers her.

I live in RI and I too welcome replies from anyone willing to share how they feel about this... do we pursue CS to improve a financial situation, or is it best to let it go for the emotional, possibly physical well being of our children and suffer the financial hardship...

Deb
 
Posts: 62 | Location: Rhode Island, USA | Registered: 12 March 2006Reply With QuoteEdit or Delete MessageReport This Post
I am New to SFV
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quote:
Originally posted by ikcaj:
[qb] Hi all,

I've browsed most of the comments in this section and see that I am not alone in my ethical struggles.

My question/area of need; am I right in pursuing a child support claim? If so, can I have some encouragement in my quest to do so?

I've been the single parent of my daughter since her conception; she will be 3 years old in July.

Her father and I were only casually dating at the time of her conception. He wanted me to have an abortion, I chose to keep her. For the first year of her life I stayed true to my word to him that I would not seek support because I felt that since it was my choice to have her, I should bear the brunt of full responsibility, but I warned him things might change.

When she was one year old she needed tubes placed in her ears. I contacted him as to putting her on his insurance and he refused to do so. I told him the alternative (explained later) and he told me to do whatever I had to, but he would not claim her legally.

Two years ago I filed for Medicaid and K-Tap, Kentucky's version of welfare. This coincided with my entering graduate school as a full-time student. Under law, I had to provide his name and information for KY to seek child support from him.

It's been two years and no one has ever contacted myself or him in the matter.

I will graduate in May and am thus far job-less. Our K-Tap benefits will run out in July. I plan to be employed by then and we have a great appartment (public housing) that we can keep as long as we want, but I've started thinking about pursuing my case for child support.

We've lived off the state and student loans for two years. Trust me, it is not easy being a full-time grad student (MSW nonetheless) and single mom, but I know I have had it so much better than others. I don't flip burgers for minimum wage or worry about medical costs or if we will have enough food.

I have an appointment with a worker March 17th, just to discuss the matter I suppose. I really don't know much at all about how it all works. I do know I signed my rights over when I accepted K-Tap, and I know that the father has threatened me in the past that if I pursue support he will pursue custody.

As for that, he has not seen his daughter since she was three days old. He never signed the birth certificate and as far as I know his paternity has not even been declared.

He has threatened me into not advocating for child support by stating he will go for custody if I do.

I'm a 33 year old professional, soon to have an MSW degree, and I live in another state than him. He is an assistant teacher with no degree at high school. Does he have a chance in a custody battle? Am I better off to just let this lie and see if the state ever gets around to getting their own money back?


Thanks for reading such a long post. I know my story is not unique, but right now I really need to know if this something I should do? [/qb]
 
Posts: 1 | Location: MA | Registered: 12 March 2006Reply With QuoteEdit or Delete MessageReport This Post
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quote:
Originally posted by Berry2870:
[qb] Hi Jacki,

Best of luck to you!

Thank you for posting your question. I am struggling with a similar debate myself and it was comforting to read your posting and know that I am not alone in the struggle with this decision...

I was 32 when I became pregnant. I had only been dating her "father" for maybe about 6 months. The relationship was already starting to get rocky. But at first he seemed very accepting of the pregnancy. The relationship failed but he said he wanted to remain involved in the pregnancy. He had even attended the first several doctor's appointments with me.

Then out of the blue one day, we were leaving the doctor's office and he stops me and says that he questions whether the baby is his. Since he was fully aware that I had not been in ANY relationship for two years, this really upset me. I screamed at him in the parking lot and told him that if that is the way he felt he could just stay out of our lives. Of course, this is what he wanted... he was unemployed, with no ambition to be employed, and the thought of the financial requirements to support a child was driving him insane.

I never heard from him again. My doctor told me that shortly after her due date that he called the office asking if I had had the baby yet and asking if he had been named on the birth certificate. The doctor's office (who I informed of the situation) would not give him any info.

Because I did not feel that my daughter would be safe with him (heavy drinking, sleeping pills at night making him so drowsy that he would not be able to wake up to respond to a baby's needs, other personality disorders and family issues) I decided not to pursue child support. Another consideration is that he is also the type of person that would feel "if you are going to make me pay money, then I am going to make your life as difficult as I can" and I just couldn't bear the thought of fighting him all the time.

So the trade off was no CS for the protection of my daughter. I even went to see a lawyer to ask how I should protect her from him. She advised me to just wait it out...since paternity was not established he had no rights and unless he started demanding rights to her then I should just let him slither back under the rock he crawled out from.

I live with my parents because I cannot afford anything else. I receive no CS and no state assistance because I make "too much money" to qualify (I received state medical assistance for my daughter for one year, until my annual raise of a whopping 70 cents/hour put me over the threshold by $100). I love how their guidelines refer to before tax income...and do not factor in the bills you need to pay to survive. I am now starting to drown in debt. I am racking up my credit cards for things like groceries, gas, clothes...

So that is where my dilema...like yours...comes in. My daughter is now 3 years old. I am in debt up to my eyeballs and although I am completely against it, I have been seriously considering having the state go after him for CS. From my previous discussion with the lawyer, I know that he would have a hard time getting custody, but he would get to have visitation and I am not sure if I am comfortable with that yet.

I have always intended for my daughter to eventually locate her father. I have his SS# and other personal info kept safe for her so that when she is ready I can help her to find him. But I would prefer for her to be a little older so that she can verbally state if anything happens that bothers her.

I live in RI and I too welcome replies from anyone willing to share how they feel about this... do we pursue CS to improve a financial situation, or is it best to let it go for the emotional, possibly physical well being of our children and suffer the financial hardship...

Deb [/qb]
 
Posts: 107 | Location: new jersey | Registered: 12 November 2005Reply With QuoteEdit or Delete MessageReport This Post
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Remember, you can't have it both ways. If you want child support from the other parent, you must establish paternity, get an order, and understand that he/she will now have parental rights to visit with the child.

Most courts will start slowly with the visitation orders and no court with a brain will change custody to the new bio dad unless the current situation with mom poses a danger to child. Status quo is always preferred when it comes to custody.

Also, it's important to keep your terms straight and know what they mean. There is legal custody, physical custody, and visitation.

Legal custody pertains to who will have the authority to make decisions about the child's health, education, religion, etc. Usually, the court orders joint custody.

Physical custody pertains to which parent has the child in his/her possession (i.e., primary custodial parent).

Visitation pertains to the amount of time the non-custodial parent will have with the child.

So, you can always get the child support order, but you risk the father's involvement in the child's life after he is determined to be the dad by DNA testing. If that is clearly a risk to the child's safety, and you can prove that, you request the court deny visitation to father unless and until he seeks proper help in rehab or whatever. Or, ask the court order supervised visitation. If he is out of state, he'll probably never visit anyway. Some dad's never pay and then one day, wham! I beat them up in court and collect over $65,000 from an escrow (that happened last year).

Ronn
 
Posts: 94 | Location: Southern California | Registered: 28 March 2006Reply With QuoteEdit or Delete MessageReport This Post
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Ikcaj, you're pretty sharp. You're giving good advice on child support issues. Your daughter is a cutie. I can tell she has a wonderful mother just by the smile.

Ronn (Child Support Attorney)
 
Posts: 94 | Location: Southern California | Registered: 28 March 2006Reply With QuoteEdit or Delete MessageReport This Post
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Ronn,
That is CA with the beautiful daughter and great advice. Welcome to the board - it is really interesting to see an attorneys opinion. I am New Zealand so most of the legal advice is not pertinent to me but there are similarities in the systems.
 
Posts: 290 | Location: New Zealand | Registered: 27 October 2004Reply With QuoteEdit or Delete MessageReport This Post
CA
"SEEKING: 25th hour & 8th day"
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Zealand,
Thanks, I had to go back a re-read the post to make sure it was me.

Ronn,
Thank you very much for the compliment. I have done mountains of research and asked many many questions. I have even considered your line of work but, I am way too emotional for the profession. I will not give out advice on such things unless I am fairly certain. I am only a mom wanting what is best for my child and other children. Because of that I try to empower myself with knowledge. My attorney and her paralegal are clients of mine 2-3x a week so I get to pick their brains too.... Wink

:welcome:
It is wonderful to have your point of view on this forum; as a parent and an attorney. Please, stick around and jump in any and everywhere.
 
Posts: 1598 | Location: Florida | Registered: 14 February 2004Reply With QuoteEdit or Delete MessageReport This Post
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A lot of people are confused about child support, but there are a few of you who are doing a great job passing on your experience and knowledge. I don't know how often I will be checking in at the site, so here is my emailFrownere-mail addy edited...please use PM) Make a note of it and feel free to share it with others for child support. You can even pick my brain on other legal issues if you like. I'll at least point you in the right direction if that area of law is too specialized. I really admire single parents and I appreciate the sacrifices they make for their children. I love kids and the people who protect them and take care of them.
 
Posts: 94 | Location: Southern California | Registered: 28 March 2006Reply With QuoteEdit or Delete MessageReport This Post
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Hi Ronn. I hope you don't mind I've had to make a slight edit. Our PM feature is available for all to use and if you go to "edit my preferences" in your "personal member's area", you can set your e-mail notifications there so that when members do reply or send a PM to you, you will get a notice in your personal e-mail. Privacy thing. I'm sure you understand.

It's nice having a legal brain hanging out with us. I've learned my miniscule legal knowledge the hard way but it is all worth it. Smiler

(edit: Fixed this one and that other one too Ronn Smiler )
 
Posts: 1796 | Location: a little village in a big world, Canada | Registered: 18 September 2004Reply With QuoteEdit or Delete MessageReport This Post
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What a great place! All of you are so friendly and supportive of each other. I really appreciate the nice welcome. I am here to help in any way I can. Of course everything has limits. If your situation requires more than citing the law and pointing you in the right direction, I may be able to represent you as your attorney in a limited capacity. I can do a lot from California, no matter where you live. My expertise is collecting past-due child support, but I am familiar with all of child support law and many family law issues. Heck, I'll take a shot at any legal issue. It's fun for me and I can usually cite the applicable law and point you in the right direction.
 
Posts: 94 | Location: Southern California | Registered: 28 March 2006Reply With QuoteEdit or Delete MessageReport This Post
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