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mmdesq, Family Law Attorney
Category: Family Law
Satisfied Customers: 458
Experience:  Attorney with 13 years experience.
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My son has a 6 month old baby. In March he went to the child

Customer Question

My son has a 6 month old baby. In March he went to the child support office in Ohio and asked for a paternity test and child support be set up. At the time he asked how would back support be handled and was told they don't do back support.
The baby's grandmother called me at the end of April asking why he did this and I told her so he can pay child support. In June we still did have paperwork from child support. We called and the agency told him they can't find an address on her. Earlier this month we went to court for visitation and were granted visits. The judge also ordered DNA and child support including back support. My son bought groceries for the girls household for 9 months and has bought diapers, formula, wipes, clothes, socks, blankets, nipples, 2 car seats what every the baby needed since she was born. Now he has been ordered to pay back support. I don't understand how that's fair.
Submitted: 3 months ago.
Category: Family Law
Expert:  NYFamilyLawyer replied 3 months ago.

Hello. I’m a licensed attorney with 36 years’ experience. I specialize in family law and appeals as well as landlord-tenant law.

Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an attorney here.

At the end of this session, I will ask you to please rate me as that’s the only way I get credit for helping you today. Are you okay with rating me? I would really appreciate it!

I’ll be typing up your answer if I’m absent for a few minutes.

Are you asking about why he has to pay back child support -- called arrears -- even though he bought all of the other baby items?

Customer: replied 3 months ago.
because when we were at the child support office the case worker said they wave back support. A child support order has not been established as of today. When he went to court the girl's mom told the judge he hasn't done anything. But, we have receipts to show he has been buying things for the baby.
Customer: replied 3 months ago.
The girl's mom told my son she will write a paper saying he has to pay $200 a week and visits are when she says so. My son and I got an attorney, but he has done everything backwards. I think the order should have been DNA test, child support, visitation not the other way around and I told him. Now this is making my son behind even more.
Expert:  mmdesq replied 3 months ago.

Good Morning:

I will try to best answer your question. Based upon the fax events you have described I agree with you. I do think that the place to start would've been the paternity test through DNA because if the child is not your sons there is no need to establish a visitation schedule or a support order. Typically the courts will required DNA testing and enter a temporary order for visitation and support. Under the temporary order they do not, and should not, include arrears. Often times if your son was named on the birth certificate or if an acknowledgment of paternity was executed at the time of birth the courts that are likely to enter this temporary order until a DNA test can confirm the paternity definitively. Absent your son's name on the birth certificate and or an acknowledgment of paternity I would suggest that you not pursue visitation rights until paternity is established first.

I hope that this information is helpful and I wish you the best of luck trying to resolve the situation.

Customer: replied 3 months ago.
His name is ***** ***** the birth certificate. He has acknowledged the baby since the girl was pregnant and has been providing since that time. It has not been the amount based on $8.10 an hour, but he has provided everything the baby needs every month. The visitation has already been granted. My son's attorney is the one that asked for back child support even after we showed receipts of things my son bought, because the baby's grandmother said she wanted arrears. He has bought everything except the pick-n-play. How is this fair?
Expert:  mmdesq replied 3 months ago.

Considering that your son has been providing for this child prior to any support obligation I have no idea why his attorney would agree to Child support arrears. This in essence would be making him pay twice. In addition, when I say acknowledgment of paternity I'm referring to an actual document with that title that specifically states the party is acknowledging that the child is his.

I am unsure as to why his attorney took the actions that you have stated. It Does not make sense to me based off of the facts.

Customer: replied 3 months ago.
There is no paperwork acknowledging that he is the father. Is there anything he can do to stop the arrears?
Customer: replied 3 months ago.
Are you still available?
Expert:  mmdesq replied 3 months ago.

If it was not a final order you can file a petition for special relief asking to adjust arrears.

Customer: replied 3 months ago.
I'm scared to do this, because the girl was 14 and he was 17 or 18 at the time of conception. I begged the girl's mom to tell the girl to stop telling my son where she was. I called the police several time and they said they can't do anything because her mom has to call. When I told her mom she said they are allowed to date. I told her no because he's 18 and her mom said it's her decision not mine. I did everything I could to prevent all of this. My son has several mental issues and he doesn't fully understand what's going on. I'm scared! I don't want my in prison or labeled as a sex offender.
Expert:  mmdesq replied 3 months ago.

Under those circumstance do not raise the issue of the arrears. You do not want to give Mother any motivation to contact the police out of anger. Do not rock the boat.

Customer: replied 3 months ago.
What would happen if the grandmother or mother want to file charges against my son in a few years even if he's paying his support. Let's say he won't give them money or items that they want.
Expert:  mmdesq replied 3 months ago.

The more time that passes the less likely the police will be willing to prosecute. Time is your friend in this situation. Keep the big picture in mind, no criminal charge, and don't push them in to the hands of the police fighting over the arrears. I have seen it happen to many times where one raises an issue without considering other problems that exist between the parties.

Customer: replied 3 months ago.
Why, why, why did this boy not listen to me. He paid over $200 on a stroller, over $100 each on 3 car seats. Everything he bought for there house he bought for there house. Sometimes the system is not fair at all. We can't take the bobby out of state and our entire family lives in NC, but they are allowed to take her out of state. He has paid over a thousand dollars on the baby and now he has to do it all over again, because the lawyer didn't stand up for him.
Expert:  mmdesq replied 3 months ago.
I'm sorry to hear this poor representation by the attorney. You should be able to file a modification in order to allow you to leave the state as well for vacation or other purposes.
Please don't forgot to write my responses so that is how we are credited for answering questions. Good luck.

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