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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 37052
Experience:  I provide family and divorce law advice to my clients in my firm.
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daddy is not paying child support even when he did he on payed

Customer Question

daddy is not paying child support even when he did he on payed 200 us for the last 4 year he did not pay a dime in the child support the child is now 16 years of age

Submitted: 1 year ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your post.

I am sorry that you are in this situation. Is there some sort of a custodial order in place? What is your question?
Customer: replied 1 year ago.

father is not paying child support even when he did he only payed 200 us for the last 4 year he did not pay a dime in the child support the child is now 16 years of age... this was not a court arrange the father own his own company that is well finance so me taking it to court means there is a whole legal team on the case so what am i to do?

Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your follow-up, Ajamu.

Was this child formally his? By that I mean, is he on the birth certificate? I am assuming you never married, correct? Was there ever at any time some sort of a court decree in place?
Customer: replied 1 year ago.

yes the father name is XXXXX XXXXX birth paper,no i am the child, but mommy and him was never married, no never at any time was a court decree in place..

Expert:  Dimitry K., Esq. replied 1 year ago.
Ajamu,

How old are you at the time? You said you are 16, correct? Why is your mother not pursuing this?
Customer: replied 1 year ago.

well let me tell you the whole story my daddy is not so nice... they had a agreement to have me spend my summer by him soon times i got licks from a belt for things like live the van door lock open while we was in it...


one year i went down an did not get to come back to my mommy, daddy held me in st Thomas at time i was 12 years of age and did not know what was going on i cried the first week but it didn't bother my daddy if it got to him he would say shut up before i give you some thing to cry for...he then enrolled me in school ... drugging my time living there i was slap multiply times in the face for things like missing a spot on the floor while i was mopping and same thing for dishes ... there was no internet at home and i slept in the living room in the big chair was not was not a good sleep .. at time i spent down in the office i manage to get a few emails out to my mommy up dating her on what was going on after a school year passed my mommy mange to get me out despite being happy i was worried because i know mommy cant really afford to have me as a child but i was indeed great full but times is getting harder barely any food in the fridge but i not hunger thank god i been trough a lot and i just want to help out my mother she does not want to do it her self because she is afraid of what the out come may be with my daddy legal team and all is going to cost her a lot of money that's money cant afford to spend i just want to see what i can do

Expert:  Dimitry K., Esq. replied 1 year ago.

Ajamu,

Thank you very much for your explanation. I also really appreciate the whole story and your very mature and adult explanation of how this was taking place. Here are a couple of things I can suggest to you and your mother. If something appears complicated or you are unsure of what I mean, stop me and ask me to clarify and I will be happy to do so--sometime I may use words that are technical in my field and I forget that not everyone understands the terminology.

In the U.S. custody and child support are based on where the child resides and with whom. If there is no child support order in place, the courts do not get involved until and unless either parent wants to get involved. You, as a minor, cannot sue your father for child support because you are not the guardian. While child support is designed to help you and is for your benefit, it is not 'your money' but something provided to whomever is your guardian to cover your needs and expenses.

That means your mom has to go to court and file against your father for child support on the basis that she is caring for you and that the other parent is required to assist. This is something she is entitled to pursue, meaning that if she goes for support the courts will side with her. Your mom can also ask the court to demand that your father provide her with proof of his income and his tax returns so that the courts could better estimate how much he has to pay for support. But this is something only your mom can go after, you can help her by explaining how the law may work, but filing would still be up to her.

Good luck.

Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 37052
Experience: I provide family and divorce law advice to my clients in my firm.
Dimitry K., Esq. and 2 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

thank you

Expert:  Dimitry K., Esq. replied 1 year ago.
You are most welcome, glad to help!

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