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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 12786
Experience:  Experienced Licensed Attorney
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Hi, I had a child from a woman, we were never married, she

Customer Question

Hi, I had a child from a woman, we were never married, she filed for paternity and it was positive, so I am the father it seems, I am ready to pay child support. Need so answers though. If I pay child support as ordered by court do I get visitation rights as well, she is asking me to sign some papers that would allow him to move out of the country with the child when she wishes to. I want to have visitation rights and I do not want her to move out of the state or country.
Q1) DO I have legal rights to do so if I pay child support ?
Q2) She is in Maryland, she is claiming that she lost her Job, I earn 10K per month, I have no alimony, no child to support, can you estimate how much child support do I have to pay ?
Submitted: 1 year ago.
Category: Legal
Expert:  Alex J. Esq. replied 1 year ago.
Hello. My name is Alex and I will be happy to answer your question.

I am sorry to hear about your difficult situation.

1) The child support and custody / visitation are two completely separate legal issues and are not connected to each other, however you do have the right to file petition with the court to establish legal custody and visitation with the child, but it is not an automatic right, but rather your petition would be reviewed by the court and the court will make a decision on the child custody / visitation based on all the testimony from you and the mother, all the facts and evidence presented and the decision would be based on what is in the best interest of the child.

2) It is difficult to precisely calculate child support payment amount, as it can vary depending on some factors, but an approximate estimate based on $10,000 gross monthly income and assuming the mother does not have any income and the mother has physical custody of the child, would be between $1,200-$1,300 per month.

You can also use official Maryland child support calculator at this link:

http://www.dhr.state.md.us/CSOCGuide/App/disclaimer.do

This is a very complex area of the law and I would strongly urge you to consult and retain local child custody attorney to represent you in the child custody and child support proceedings before the court, as these are very essential legal issues / rights, that you would not want to handle yourself without assistance of a competent local attorney.

I wish you all the best!
Customer: replied 1 year ago.
Actually the woman just before filing for child support declares that she lost her Job, before that she had said that she earns like 44 K a year, I tried to put that amount in the calculator, there was no difference in how much I need to pay, it was like 1274 Vs 1290, what kind of calculation is that ? Also she is asking me to put the child under my insurance as she does not have a Job. Then she might also start showing day care and stuff. How do I deal with this.

I also have to move back to India at some point as I am in a business visa, then I will earn substantially less, do I still have to pay child support ? Is there a treaty between USA and India to enforce child support. I actually don't mind paying but I hope my Indian salary would be considered, do I have to file a motion for that ?
Expert:  Alex J. Esq. replied 1 year ago.
Thank you for your follow up.

The only way to deal with this situation is for you to hire local child support / child custody attorney.

It would be up to your local attorney to prove that the mother is either working or capable of working and also to fight hard for your custody / visitation rights.

Also, you would be obligated to pay child support even if you do move back to India, but your local Maryland attorney will be able to file petition to modify your child support payment based on your lower Indian salary.

I wish you the best of luck.
Customer: replied 1 year ago.
I will hire a lawyer, but just curious .. I am reading online that if I am the father I have the right to not allow her to move out of the state or country without my permission, do I have to file a petition to exercise that right ? Once the paternity is proved and once I start paying child support don't I get any rights by default ? For every thing I will have to hire a lawyer and file a petition with the court ?
Expert:  Alex J. Esq. replied 1 year ago.
Thank you for your follow up.

Basically, even though you have been established to be a biological father, it does not give you legal custody of the child, which has to be petitioned for and established by the local family court.

Once your legal custody is established, the mother would not be able to obtain a passport for the child or to travel outside of the USA, without your written and notarized permission.

Unfortunately, once the paternity is established and you are obligated to pay child support, you would not get any automatic rights and would have to petition and obtain them from the local family court where the mother and the child reside.

I wish you the best of luck!
Expert:  Alex J. Esq. replied 1 year ago.
Dear Siddharth,

Do you have any related follow up questions for me?
Customer: replied 1 year ago.
HI, I just checked and it seems there is no bilateral agreement between India and USA on child support. In India the law is different if the child is born vout of the wedlock which is what it is in this case. So how can Maryland enforce child support if I am back in India, I am a Indian citizen not a US citizen. Please can you advise.
Customer: replied 1 year ago.
HI, I do not see you responding to my question. COuld you please advise.

I just checked and it seems there is no bilateral agreement between India and USA on child support. In India the law is different if the child is born vout of the wedlock which is what it is in this case. So how can Maryland enforce child support if I am back in India, I am a Indian citizen not a US citizen. Please can you advise.


Customer: replied 1 year ago.
Relist: Other.
no answer so far
Expert:  Alex J. Esq. replied 1 year ago.
Dear Siddharth,

I have fully answered your original question and also provided answers to your follow up questions.

The JA rules require customers to post any new questions in a new post and to make an additional deposit, however I will be happy to provide you with general answer to your additional question, once my previous answers are rated and accepted by you.

Thanks.

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