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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 36125
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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I have two children a daughter age 8 and a son age 2. My son

Customer Question

Hello. I have two children a daughter age 8 and a son age 2. My son is in the child support system and my daughter is not. Both mothers have full custody of the children. The mother of my daughter refuses to go into the child support system even though I want her to so there is proof I am paying her. I have been paying her $124 every other week the same as my son in a check form. In an effort to force her in the system I have stopped paying her. I have every penny in a lockbox I keep at my house totaling $1, 116 for 9 pay periods. It's now been going on for about 6 months. The case worker at the child enforcement agency said my best bet is to get a lawyer but my chances are slim in winning the case. I need to know is do I have a shot in getting her into the system like my son or not? I miss my daughter.
Submitted: 12 months ago.
Category: Family Law
Expert:  LawTalk replied 12 months ago.

Good evening Ken,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

Yes, you can easily get her into the system. You have to forget about the state child support agency. They cannot force a mother to seek child support.

All you need to do is file a petition to set child support with the family law court in the county and state where your daughter is living. The court will force the mother to accept child support.

In the meantime, DO NOT pay her in cash, but only by check so you have proof of payment. That way you won't be hit with a large support arrears order and the court will see you as a good father, trying to do the right thing.

At the same time you can ask the court (by also filing a petition for child custody/visitation) to order visitation for you so that you can maintain your relationship with your daughter. If you live anywhere near your daughter, you should expect to get visitation of about 90 to 120 days/nights per year.

You would be better off having a local family law attorney do this for you---but if you have more time than money, you can try and do it yourself. Virtually every county has a law library. Ask the law librarian to show you where the books on Pleading and Practice are located. Generally there are many volumes of Pleading and Practice books from which you can pick the proper one for your situation. While the librarian is typically not a lawyer, and cannot practice law, most are quite willing to assist you in locating the chapter in the Pleading and Practice book which you will need.

Once you have found the appropriate pleading, you will note that in addition to the sample pleading which contains all of the necessary structure for your Pleading, there may also be suggestions to make your pleading more persuasive. Prepare your pleading in accordance with the suggested format in the book, inserting the facts of your case as you know them to be. Then all you will need to do is to draft the pleading on your computer, print it out and file the original with the court while serving the other party, or their attorney, with a copy.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. Please be so kind as to rate my service to you. That is the only way I am credited for assisting you.

I wish you and yours the best in 2016,

Doug

Expert:  LawTalk replied 12 months ago.

Good afternoon,

Do you have any additional questions that you would like me to address for you? In case you would like a phone call to further discuss these issues you have raised, I will make that offer to you. You are certainly not obligated to accept a call offer, but many people do find it helpful for clarification purposes, as well as to allow them to ask additional questions.

If I have provided you with the information you were seeking, would you please now rate my service to you?

Thanks in advance,

Doug

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