Should I Apply for a Child Support if the Father Plans to Take Me to Court
If I apply for a child support now will it be recalculated for payments submitted to me previously when father was paying the amount by check directly to me? In this case if he didn't pay enough will it be reconciled so I'll get underpayment too?
Thank you
Re: Should I Apply for a Child Support if the Father Plans to Take Me to Court
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kerz
If I apply for a child support now will it be recalculated for payments submitted to me previously when father was paying the amount by check directly to me? In this case if he didn't pay enough will it be reconciled so I'll get underpayment too?
Thank you
Please tell us your US state. Thank you.
Generally, if there is a court order and he has paid per the order, obviously there is no underpayment. If there is an order and he has truly paid less (versus paying the full amount but having no record of doing so), you will likely be able to recoup that as arrearages.
If there is no court order, the possibilities are entirely state-specific.
Re: Should I Apply for a Child Support if the Father Plans to Take Me to Court
It's the state of VA and there is no court order.
Also, I have another question. Father wants to take me to court when I told him that I will file for a child support. He has no restrictions with visitation. I don't understand his reason of taking me to court? Can he negotiate the amount with the judge, so it will be lower than what VA department of Social Services decides? Or there is can be something else...
Thank you
Re: Should I Apply for a Child Support if the Father Plans to Take Me to Court
Quote:
Quoting
kerz
It's the state of VA and there is no court order.
Also, I have another question. Father wants to take me to court when I told him that I will file for a child support. He has no restrictions with visitation. I don't understand his reason of taking me to court? Can he negotiate the amount with the judge, so it will be lower than what VA department of Social Services decides? Or there is can be something else...
Thank you
Then he owes you nothing at all. You may get child support going back to the date of filing, but Dad may be able to get a credit for monies paid. Why do you think he owes you anything at all beyond that?
What exactly is Dad filing for?
Re: Should I Apply for a Child Support if the Father Plans to Take Me to Court
He promised that he will be paying child support each month and this month he changed his mind, that's why I decided to file it. Do I need to report that he has already paid some money during last several month or it isn't necessary since he will be paying as of the date of filing?
Also, yes, I don't know why he decided to take the case to court. It happened after i told him about the child support. He said that he will go to court to claim full custody. I don't understand his intentions and thought may be there is a catch I don't know.
Re: Should I Apply for a Child Support if the Father Plans to Take Me to Court
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Quoting
kerz
He promised that he will be paying child support each month and this month he changed his mind, that's why I decided to file it.
He owed you nothing at all until a court decided otherwise.
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Do I need to report that he has already paid some money during last several month or it isn't necessary since he will be paying as of the date of filing?
A decent parent will report voluntary payments, yes. :)
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Also, yes, I don't know why he decided to take the case to court. It happened after i told him about the child support. He said that he will go to court to claim full custody. I don't understand his intentions and thought may be there is a catch I don't know.
Oh jeez. Okay, this is text book - you file for child support, he files for custody. Because there are currently no orders, you both stand equal before the court. You've been the primary caregiver, so the court will be reluctant to change that. It's not impossible for that to happen, but typically - unless there's something you're not telling us - you'd remain the primary (residential) parent and he'll have an enforceable visitation order.
I'm going to suggest you use something like Family Wizard, because I sense that co-parenting is not exactly going to be easy for you two so think about asking the court to order that communication is made via that medium, where the court can also access it if need be. There's also a calendar, which makes it much easier to see who has which weekend and all of that. Also, be specific with the parenting plan. Make it clear who is responsible for pick up and drop off, who gets which holidays, all of that good stuff. The last time I looked it was $99/person/year but it's worth every single cent.
Does that clear things up?
Re: Should I Apply for a Child Support if the Father Plans to Take Me to Court
Thank you, that was very helpful
One more question :) Father said that he will start the process of the full custody immediately and his Mom is watching the baby at his place during the day while I'm at work for now. In this case should I be bringing the baby to his place? Would it be a complication in our case since I'm bringing the baby to them?
Thank you
Re: Should I Apply for a Child Support if the Father Plans to Take Me to Court
Quote:
Quoting
kerz
Thank you, that was very helpful
One more question :) Father said that he will start the process of the full custody immediately and his Mom is watching the baby at his place during the day while I'm at work for now. In this case should I be bringing the baby to his place? Would it be a complication in our case since I'm bringing the baby to them?
Thank you
Yes, its a serious complication that the majority of the child's awake time is taking place at dad's house. I suggest that you find another caregiver.