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Steven  K.
Steven K., Family Law Attorney
Category: Family Law
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Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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my daughter is 15. her father and i were never married. we

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my daughter is 15. her father and i were never married. we are both married to different people now. when she was 5 we reconnected so he could get to know her. we agreed that since i could provide for her well he would help out in anyway i needed for her expences and he would start a savings account for her. he is going bankrupt and told me he used her savings to keep his house. he has 2 other children. so i filed for child support to make sure she would have money to help with collage. now he will not speak to her or see her, and says he isn't sure if he will start seeing her after court or not. court is on sept.9,2010.
Submitted: 4 years ago.
Category: Family Law
Expert:  M.Arch replied 4 years ago.
Chat Conversation Started
M.Arch :

Hello,

M.Arch :

What is your question exactly?

M.Arch :

Is it a legal question? Or would your question be more appropriately categorized as a parenting question?

M.Arch :

I will have the question moved to the correct category as soon as I understand exactly what you're asking.

M.Arch :

Thanks!

Expert:  M.Arch replied 4 years ago.
Chat Conversation Ended

If you are still working with your Expert on this question, you can post additional replies and receive additional information on this page.  If you received a satisfactory answer in Chat, you can accept the chat conversation above.
Customer: replied 4 years ago.

my question is what are my rights and my daughters rights about seeing her dad even if he doesn't want to because he is paying support. he had no problem seeing her before i asked for support

Customer: replied 4 years ago.
what should i be asking for in court and when should i be asking for it. when i filed fore support there wasn't any questions about why i was doing this or about what i wanted to gain from it.
Expert:  Steven K. replied 4 years ago.
If your goal is to force your daughter's father to spend time with her, there is probably nothing you can do. I wonder what state you live in because in some states, he pays less child support if he sees his daughter more, and in other states it is irrelevant. That could be a motive for him to spend more time with your daughter. Either way, however, do you really want your daughter spending time with a father who treats her that poorly? Letting him dictate the terms of the visitation in this fashion can really play a head trip on your daughter. It's a really sad situation but you cannot force him to be a father.
Customer: replied 4 years ago.
i live in new jersey since he has never paid child support what can my daughter ask of him and how do i tell the court what we want. the papers i filed did not hav this info
Expert:  Steven K. replied 4 years ago.
Unless the Court chooses to deviate from the guidelines, New Jersey does not change child support based on the amount of time the non-custodial parent spends with the child. So, lowered child support would not be a motive for him to spend time with your daughter. I'm not sure what your exact question is. You (not your daughter) can ask for child support, custody orders (although I think you already have those, don't you?) and visitation orders. Child support is based directly on formula guidelines so you just provide the court with the numbers they ask for and that determines how much child support the father is supposed to pay. You can certainly tell the Court that your daughter wants to visit with her father and that the father refuses to visit. It is possible that the judge will admonish him to be a good father (for whatever good that will do). Other than that, there's not much to ask for.
Customer: replied 4 years ago.
she will be driving in a year. she lives with me do i have the right to ask that she be put on his car insurance until she is able to pay for her own or does she have to go on my husband's plan and also we have an order for her dad to pay for medical insurance. he is supposed to pay half of her bills but i pay for all of the co pay and there isn't anything for him to pay but school wants her to have counsaling 3x a week.can i ask the court to have him pay it all?
Expert:  Steven K. replied 4 years ago.
Auto insurance: You can certainly make the request, but to be honest, I have never heard anyone make such a request, so I am not sure if the judge will grant it. Do you have auto insurance you could put her on?

I am unclear as to whether the Dad is already required to pay for medical bills. If so, the terms of the order already apply - so if it says he has to pay half of her unreimbursed medical expenses, that includes copays. You would need to send him a copy of the bills and demand reimbursement from him. This would probably include counseling expenses as well, although some orders differentiate between counseling expenses and other medical expenses - so it all depends on the terms of your order. If the order does not already specify that Dad has to pay a portion of unreimbursed medical and counseling expenses, then you should make sure that you request that.
Customer: replied 4 years ago.
one last question please, how far back will the court go for back child support. i don't want to sound greedy but her dad and i had an agreement for $50.00 a month in a savings but he only had $1500.00 and he spent that and i know he will no longer repay it. i know they base child support on what he makes but will they make him pay more now that it is being put into writing.
Expert:  Steven K. replied 4 years ago.
Typically the Courts will only go back as far as the date that you filed the Motion for Child Support.
Steven K., Family Law Attorney
Category: Family Law
Satisfied Customers: 1772
Experience: I have practiced family law since 1996, focusing on child custody and domestic violence
Steven K. and 4 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.
thank you so very much for helping me understand these things. i feel better knowing i have rights.
Expert:  Steven K. replied 4 years ago.
Glad to be of help!
Expert:  Steven K. replied 4 years ago.
If you feel that my response has been helpful, I would appreciate it if you could select the "Accept" button so that I get credit for my work. Thank you!

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Steven  K.
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I have practiced family law since 1996, focusing on child custody and domestic violence