Hello there,

I haven't been here in some I just have so much going on but I've always gotten some good insights while posting here.Up-date finally got a court order for child support from OW Baby was born in january but waited til July to file and it's out of state so our court date is set for October 27th. She is asking, for 400.00 a month plus medical and half of all un covered medical,dental, eye and orthodontic expenses. I live in New Jersey so if anyone has any info on what the guildlines are or a place for me to call and ask would be a big help also she is claiming her bills are only 609.00 a month plus she gets 92.00 monthe food stamps by us giving her 400.00 that would improve her quailty of life is that the way it goes? Also will they take my earnings into affect? I just don't want to go to court and give her everything if we don't have too if this does turn out to be my Husbands she will get only what allows nothing more, so please any help much appreciated.Also if this turns out to be Husbands we want to give her sole custody, has anyone done that and I supposed it all gets done in court, thank you all Jill

JL

You may find this site helpful....

http://www.alllaw.com/calculators/Childsupport/

You can probably get a good estimate at what hubby will be entitled to pay.

Hope it helps.

MOD

Jaggerslady, My experience is with the welfare agencies from Florida, Ohio, Tennessee, and Texas so things may be a bit different but normally welfare and child support works pretty much the same from state to state.

If dna testing has not yet been done, that will be ordered first. You should be able to do that in your home state at an approved dna site. Then about the child support amount, one thing to keep in mind is that the law in the state where the action is filed (probably ow's state) is what is used. The laws of NJ will probably be irrelevant. So if you seek legal advice, consult someone in the state where it will happen.

Also, I am guessing that ow is on public assistance. That's why her income is so low. She probably has reduced bills also. If that is the case and the $609 is from state assistance, then the child support will actually reduce the amount she receives. There are some loopholes about that so she could end up with $1009, but more likely it would be about $809 total.

And if the paternity papers that were filed came from DHS or DCAF or CSE or any of the other state agencies instead of from her specifically, then they will only determine paternity and then go after your family for money. They will not care in this lawsuit about visitation or custody. If it is from the state agency, then they are only concerned with the money. If you opt to give up paternal rights, you should add an ammendment/modification to this lawsuit stating such (that would be cheaper than doing a new case). That way the judge will rule on it at the same time as the child support. Best wishes!!

</font><blockquote><font size="1" face="Verdana, Arial">quote:</font><hr /><font size="2" face="Verdana, Arial"> If it is from the state agency, then they are only concerned with the money. If you opt to give up paternal rights, you should add an ammendment/modification to this lawsuit stating such (that would be cheaper than doing a new case). That way the judge will rule on it at the same time as the child support </font><hr /></blockquote><font size="2" face="Verdana, Arial">Stating from experince here. If the OW is on welfare and the state goes after you, your H will not be able to give up paternal rights unless the OW has someone else to step up and take responsablity for the child. And in most cases the OW would have to be married for a yr first before the man is able to adopt him. The state is not going to let any man walk away without paying for the child. The state will also make your H pay the medical bills for the entire pregnacy and birth. Also watch out to if the state goes after your H, he will also have to pay the prosecuter fees, any where from $500 to a grand.

This happened to my H with his X-ow. She refused to work, was on welfare. The state went after my H. He was required to pay for the entire pregnacy (which was BullS*** cause he could of had insurance pay but she reufsed) childsupport from the day OC was born and the prosecutor fees. He is also stuck paying for 90% of the medical bills that insurance doesn't cover. With OW trying to screw him over, she goes to the DR that our insurance won't cover.

Sorry you have to go through this and the best of luck.

This is where an attorney will be worth the expense. You need legal representation.

The OW is 1/2 responsible for all the childs bills. Working or not. Your H is not responsible for 100% of anything as far as financing goes. This is not a divorce.

Call her state and get a good divorce attorney and go from there. They should help out immensely.

Our OW tried to get us to pay for 100% of birth expenses, sorry, it took two and she was left with quite a hefty bill. We even got into insurance. We were able to work it so that if OC went to Dr, and bill was $300.00 we were only liable for $150.00. We then would turn it into insurance from there. Once she was bringing him in so often (to try and screw us), that us, along with our insurance company sued her for fraud and she lost. She had another hefty bill to pay.

You are need an attorney right now.

Thank you , for all your responses,just to clear up afew things she is not on welfare but collecting unemployment @133.00 which is 532.00 amonth and 92.00 month food stamps.Is what your saying that she lives in a different state those are the rules that apply or the state my H lives in? Now she is claiming that her bills are only 609.00 a month, by asking for 400.00 that would be two-thirds her bills, is that the way it goes??? Also to clarify H will not give up paterental right but give her sole custody meaning she has physical and legal custody,with no contact or visitation but what I found out that is not something she can fight, but I do agree to seek some legal advice but from what state? Thanks again for all your input
Jill

Jaggerslady,
You generally use the laws of the state ow and child live in. Thus, you will want an attorney from that state. What state are ow and oc living in? I can probably help some with finding guidelines. If it is PA, then you are REALLY in luck <img border="0" title="" alt="[Wink]" src="images/icons/wink.gif" />
-cd

Cdcollins,
We talk a long time ago close to a year, but I lost your private e-mail so I'll try to up-date you the best I can. OW and child do live in PA, monroe county she filed in July but our court date is this monday but it's here in NJ,she is asking for 400.00 a month plus medical and 1/2 of all uncovered medical, eye, dental and orthodontic.Is there a limit to watch she can actually get ? I mean isn't giving medical enough? She is collecting unemployment @ 133.00 a week but she's claiming her bill are 609.00 a month plus she gets 92.00 a month food stamps. she is claiming that there was paterenity established but didn't send any proof so when we go on mondat my H will be requesting DNA I asked him 1000 times if her ever signed anything and he says no , we also recieved a copy of the birth certicate and where it said fathers namw it states information not recorded but what does that actually mean? So I called the case worker and she said we need to go to court ask for DNA which my H sent a letter in to reguest it, then they'll give him a date to get tested and send papers for her, I know theres a chance she may actually show up in court but hoping she'll stay in PA because she doesn't have to be there, but I figure I just assume she will be. So what happens when the results come back do they send them to us at home or do we find out in court? But by her getting 400.00 a month when all bills including food stamps are 700.00 wouldn't that be bettering there life? and paying more then 1/2 her bills? Please any info would be so great. You also said that the law is usually for the OW state? but what makes it a different state guildlines? Also will they take into affect if I work or not ? I have done some research but Just want all the info possible. Also when all is said and done can my H request that she be given sole custody for that child? and can she do anything about it? plus he wants no contact or visitation. once again thank you, hope to here from you soon!!Jill