Father's Rights for Child Support
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What
rights does a father have?
Why you need a DNA Test.
What legal documentation is required for the courts?
Costs of having a lawyer.
Father's Rights
for Child Support.
Father's Legal Custody
Rights.
Father's Visitation
Rights.
What R U Daddy does for you |
Child Support Legal Theory
Child support is based on the understanding that both parents are obligated to support their children, even when the children are not living with both biological parents.
Child support may also be ordered to be paid by one parent to another when both parents are custodial parents and they share the child raising responsibilities.
In most jurisdictions there is no need for the parents to be married, and only paternity and/or maternity (filiation) need to be demonstrated for a child support obligation to be found by a court.
Child Support
 Child
support refers to payments—usually monthly—a noncustodial
parent makes to a child to cover his basic expenses, such as
food, clothing, education, and entertainment. The court orders
child support to be paid and determines its amount. Every child
is entitled to child support until he is 18, joins the military,
begins living on his own, or gets married. In cases where parents
share custody, the parent who earns a higher income typically
pays child support to the other parent.
Lower or Raise Your Child Support (Modification)
Do you believe that you may be paying too much? |
Generally you can request the court recalculate child support where any one of the following is true:
- You have had one or more new children (not including stepchildren);
- Your income has gone down (or your ex's has gone up);
- Your custody percentage has gone up; and/or
- Your original computation was incorrect.
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If you believe that you may
be entitled to a modification, it is important that you note
that modifications are NOT retroactive.
Example: Dad is entitled to the modification. He does not take action in time. He suffers a financial loss of over $12,000.
Again, because modifications are not retroactive, the Court could not make any adjustment to compensate Dad for not filing earlier. If you receive notice that your license is being suspended it is IMPORTANT that you take action NOW.
When the County believes that you have not paid your child support obligations, it will initiate a suspension of your driver's license.
Most cases involve driver's licenses; however, your business or occupational license can also be suspended.
When the County is taking action to suspend your license, the DMV (or other licensing agency) sends you a notice several months before the actual suspension takes effect.
Do not fail to take any action because you believe there is little or nothing you can do. The Court is required to take your financial circumstances into consideration. When your case is properly presented to the Court, there is no reason that you should not be able to keep (or regain) your license.
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Motion to Set-Aside Invalid Court Judgment
If your back child support is based upon an invalid Court Judgment
(e.g., you were never properly served with Court papers, and/or
the Judgment was entered without your having been to Court),
all or a portion of the debt can be wiped-out if the Judgment
is set-aside.
There are oftentimes Strict Time Deadlines on making
these Motions. It is IMPORTANT that you take action NOW.
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Costs of having a lawyer
There are two main categories relating to attorneys. Some attorneys are negotiators and some attorneys are litigators. You need to know the difference between the two before you hire an attorney.
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What R U Daddy does for you.
R U Daddy Inc. teaches, educates and trains you with our knowledge,
research and in-house staff to represent yourself as we firmly
believe pro per is proper.
Contact us now so we can provide you with the proper documents
and help you with your child support
filings. |
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