my wife had her child support hearing today, and was told that her 2 kids father didn't make enough money, only $1,000.0 a year. He is on SSI. Was also told that since he doesn't make enough he doesn't have to pay child support. But yet, my wife was told that if he went for visitation that he would win. There is something majorly wrong with this system. Is there anything else that can be done? Please help. Oh and by the way, he was the one that wanted this hearing so he could see his kids. But when we got there, he doubted that those kids are his. Even his wife told us, that he wants nothing to do with them. My wife asked him to sign his rights away, and he refused. I am so confused, i almost knocked his *** out. I hate deadbeat fathers. They need to be taken out and beaten half to death.Need legal advice about child support?
I do understand your frustrations but what always bothers me about situations like this.......if he is truly a deadbeat...... then why do you want anything from him at all??? Why not just get on with you all's lives without him and be happy.Need legal advice about child support?
Do not get legal advice from the net. Contact a real lawyer in your state. Legal advice is not something that you want for free, because a bad judgement will cost you dearly.
Karen is correct. You need to consult an attorney who is licensed to practice family law in your state. Since I have no idea what state you are in, I can give you some very general legal information, but not advice.
1) In some states, depending on the circumstances, the court may ';impute'; income to a parent. This means, for instance, if he is capable of working but chooses not to work, the Court may decide he is capable of making X dollars per month, and figure the child support based on that amount.
2) I don't believe that he makes just $1,000 per year. Even the lowest possible SSI would be greater than this amount. And, no one can live on $1,000 per year.
Again, you need to review this with an attorney in your state. It may be necessary to do some investigation to determine what the income truly is... (in some cases, social services accepts people's income statements as fact with little or no verification). Another point:
Visitation is NOT, repeat NOT tied to child support. The theory is that visitation is for the benefit of the child, and it is in the child's best interest that they see their parent... after all, its not the CHILD's fault that dad (or mom) isn't paying child support.
Again, see a family law attorney in your state. For a referral, contact your local or state bar association.
Websites like FindLaw, LawGuru are some of the free legal advice resources available. More information at http://www.uelp.org/freelegal.html
Your question: Is there anything else that can be done?
Unfortunately, no. Because of his limited salary and the source, SSI, he won't be made to pay support. He would have had to legitimately qualify for SSI, which means that he probably can 't work and contribute to the maintenance of his children.
Although he may 'claim' the children are not his, if he didn't make this claim before either child was two years old, he is the defacto Father.
That he does not have to pay child support does not disqualify him from visitation.
Your wife knows him better than anyone. Is there some way she can convince him to sign away his parental rights?
Good luck.
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