Mother Isn't Seeking Child Support Because She Doesn't Want the Father to Have Rights
My question involves child support in the State of: Texas
So my guy friend had a one night stand with a woman and she got pregnant with twins. He has seen the 1 year olds a few times, even been to there house, which he says to be horrible living conditions. Drugs and neglectfulness. So he has not paid any child support and an oder has not been established. At the end of this month he has a court date to establish paternity and order child support. She says she isn't going because she filed for child support a while ago and has since "changed her mind". Saying she doesn't want to give him rights to her children.
So my question is...If he goes to court and he says he will pay what is required from him to support these children, and she doesn't show up, can she come back to him in 10 years, or whatever amount of time, and say NOW she wants child support and will he have to pay "back child support" plus what he owes the state, because she is on disability and welfare???
If the answer is YES, can he go ahead and file child support on his own now? And receive ALL rights that the non-custodial parent gets? Can he open a child support case, even if he is the non-custodial parent???
Re: She Doesn't Want Child Support Because She Doesn't Want Him to Have Rights
Why doesn't he just file to establish paternity and visitation?
He can open a case for child support if he wishes.
He also needs to understand that child support and visitation/custody are two entirely separate things. He can (and should) obtain visitation even if he's not ordered to pay child support.
Question though - this is all about the money? He hasn't called CPS to have them investigate these "horrible living conditions"? What kind of father does he want to be?
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If she's receiving certain types of state aid, he WILL be responsible for reimbursing the state.
Re: She Doesn't Want Child Support Because She Doesn't Want Him to Have Rights
I am not a lawyer, I just live in TX and am a CP, so I receive child support and I did have state aid with medicaid, while my ex didn't pay a cent for over a year. What I have learned, thru my lawyer.
If a parent receives any state aid, the state will take over and order a paternity test (whether the CP wants one or not) to figure out who father is and order child support and any money that is owed back to the state, while they were paying for this child. So whether this gal 'wants' the father not to have rights, is not her 'call' as long as she is on welfare. Also, my lawyer always told me, it's in the mother's best interest as well as the FATHER to have a record of child support paid over the years...so it can't be disputed what and how much was paid.
Again, the senior members, on this forum know all the laws and can better answer. I am just giving any knowledge I know. :)
Re: She Doesn't Want Child Support Because She Doesn't Want Him to Have Rights
Thank you for responding so quickly.
I think he might be confused and doesn't know what he should do about the situation. She says she is moving to Colorado with her Tax Return and he won't be able to see the twins. As far as CPS, apparently they have been to her house and are investigating. Someone else called CPS, not my friend. I think from information gathered by him and a mutual friend is that she may be a "crappy" mother, who doesnt keep up with her house and smokes cigarettes around her children but that really she isn't doing anything "wrong" by law standards. Not how I would raise my children but to each there own. I do know that she smokes marijuana from sun up to sun down...she doesn't work.
No, this isn't ONLY about money but shes is moving to a different state and as of right now she won't let him see the kids. I think she just might be bitter that they has a one night stand and he didnt stay with her. He will pay child support but he feels he cant bond with the children if they live in a different state....
Re: She Doesn't Want Child Support Because She Doesn't Want Him to Have Rights
SO why doesn't he file to have the children STAY in Texas?
And I'm not being mean, but who are you in this?
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Hang on - she's on disability. That means she CANNOT work. Don't be dissing her for not working - it's incredibly difficult to get approved for disability, so there's obviously something serious going on.
Re: She Doesn't Want Child Support Because She Doesn't Want Him to Have Rights
I'm nobody, just a friend.
He asked me for advice because I receive child support, totally different circumstances. That's why I am here...asking you.
I guess he doesn't know that he can file something keeping the babies in Texas. He wants to spend time with the kids and establish a relationship but he can't do that if she is in Colorado.
As far as disability, I wasn't judging or saying anything about her not working just that thats how she can smoke marijuana all day. She doesn't have a job to go to.
And I have no idea why she is on disability.
Re: She Doesn't Want Child Support Because She Doesn't Want Him to Have Rights
But the fact remains, she is disabled - legally.
He needs to file to establish paternity, and get an enforceable visitation order. He needs to do that BEFORE Mom has stayed in Colorado long enough to establish residency. He's lucky - Texas is pretty firm about relocation.
And please, you know as well as I do that she's not smoking marijuana "all day".
Re: She Doesn't Want Child Support Because She Doesn't Want Him to Have Rights
Yes, she is disabled, which is not to say at all that she cannot take care of those babies. She has 4 other children so they help with the twins as well. The fact that she is disabled really has nothing to do with this case, except that she does receive welfare. WIC, SNAP and Medicaid.
Can he file the Forms online? What Form numbers are they?
As far has her marijuana smoking, I heard from him "all day". Just relaying what I think might be of importance when trying to get advice.
Thank you very much for your help
Re: She Doesn't Want Child Support Because She Doesn't Want Him to Have Rights
Quote:
Quoting
Afisher78
No, this isn't ONLY about money but shes is moving to a different state and as of right now she won't let him see the kids. I think she just might be bitter that they has a one night stand and he didnt stay with her. He will pay child support but he feels he cant bond with the children if they live in a different state....
May I just add a little more of my experience? :)
I have a little bit of a different attitude, because I DO want my child's father to be involved in her life and bond with him.
If the father can file to have the kids stay in TX, then perfect. But, either way? the father can still bond as much as he wants while living in different states.
I live in a different state than my ex (I live in TX and he lives in KS). The father can call or video skype with kids everyday, so they can have ongoing communication. There's breaks from school to when the father can make arrangements to either go visit or have kids stay with him. There's fall, winter, spring, and summer breaks. It doesn't have to be an 'every other weekend' thing.
Now again, I work with my ex on visitation, but this one gal, needs to realize there IS a father, that DOES want to be involved and she really cannot keep him from his kids (legally). And your friend, once paternity is established, can be as involved in his kid's life (whether they live close or far) as he wants to be.
I wish your friend good luck and he does have rights, as a father.
Re: She Doesn't Want Child Support Because She Doesn't Want Him to Have Rights
Quote:
Quoting
Afisher78
Yes, she is disabled, which is not to say at all that she cannot take care of those babies. She has 4 other children so they help with the twins as well. The fact that she is disabled really has nothing to do with this case, except that she does receive welfare. WIC, SNAP and Medicaid.
Can he file the Forms online? What Form numbers are they?
As far has her marijuana smoking, I heard from him "all day". Just relaying what I think might be of importance when trying to get advice.
Thank you very much for your help
He needs to google the forms for his county - they may or may not be online.
Preferably though he'll go to the court house in person. He really needs to get on this, hon. The last thing he wants is for Mom to establish residency in Colorado.
Nag him to get on this!