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legaleagle, Lawyer
Category: Family Law
Satisfied Customers: 13441
Experience:  Practicing attorney for 10 years
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I just got a letter from the Idaho Dept of Health and ...

Customer Question

I just got a letter from the Idaho Dept of Health and Welfare re: my non-custodial son. His mother is opening a case with them. He is about 13 years old. I saw him once when he was a baby. She said at the time, I''m not going to pursue anything, I want this baby, I know you do not. I do not know the current circumstances...could be automatic with a welfare claim, for all I know. I need to know what to do to protect my self. If there are any deadlines I need to know about, possible back child support I may be held to. What do I need to do next to protect myself and my new family.
Submitted: 9 years ago.
Category: Family Law
Expert:  legaleagle replied 9 years ago.

Unfortunately if you are proven to be the father the court can order you to pay child support and it can be for up to three years before she filed for suport. So you could already be 3 years behind in payments, but at least you won't be liable for all 13 years of the child's life. You will have to show the court all your earnings and show how many dependents you are supporting so that all that will be considered when the state determines how much your monthly amount should be. This site will give you an estimate of what the amount may be.

Customer: replied 9 years ago.
Reply to Shelley's Post: I still need to know what to do next...Idaho is where claim is being leveled. I live in Georgia, are there any deadlines I need to be aware of to avoid default judgement and present my circumstances (one two year old and my wife is pregnant again) so that I can get a fair do I get in touch with the court/judge? I really do not know what to do next...please help with your answer.
Expert:  legaleagle replied 9 years ago.
The letter should have given you contact information for you to respond to the letter. Was there a deadline in the letter? You should contact the Deptartment and send a reponse in writing to the claims now. Usually you have only 15-30 days to respond.
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Customer: replied 9 years ago.
I will respond today.
On the letter they sent me, they included a form for insurance info, deadline is Feb 4th...should I send a letter asking for the child's info to add him to my insurance or just respond to the letter and wait to add him until ordered to by the court? Can the ammount paid for the insurance be taken into account?

Also, they have already sent a letter to my employer, asking for vrification of income and medical just my name and asking for them to fill in the social security number...could this be a scam? Is my employer allowed to provide this info without a court order?

Is it a good idea to try to contact the mother? I haven't spoken with her in over ten years. Should I try to negotiate a settlement with her before the court decides or would it be better to have the court take into consideration my 2 kids that live with me? How would I let the court know about any settlement?

I'm sorry, I'm just blindsided right now...I'm going through a foreclosure, my wife is pregnant...then this. My mind is realing. Any direction you can give is appreciated.

I guess I need to pay you again?
Expert:  legaleagle replied 9 years ago.

You do not need to pay again.

You should send in the insurance information today so you can meet the Feb 4th deadline. Your employer should not give out any information without your consent or a court order, especially your social security number.

It would be good to contact the mother and try to come to an agreed amount for support. If you can do so, you would draft an agreement that lays out who the mother is, who the father is, what each of you has as income, and what other dependent's you are providing for. Then state the amount of agreed monthly support you will send to the mother by X date each month. Also that you agree to provide insurance, if you can, if not that she will use the support money to provide insurance for the child. If the amount you agree to is reasonalbe she or you or both can file it with the county court in which the child resides and have the court sign the agreement into a final order binding on both of you.

You can also address visitation if you are wanting to have a relationship with this child.