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My sons father has 6 children with a seventh on the way. 2

My son's father has 6...
My son's father has 6 children with a seventh on the way. 2 with wife #1 (both over 18) 2 with wife #2 (15 and 16 year olds) and a 1 year old with wife #4. My son's father has had no contact with him in over a year and a half (he is 5 now). His child support is directly drafted. He is planning to attempt to have his child support decreased after the birth of his next child. My child is the only one he has decided to cease all contact with in accordance to the wishes of his current wife. Will the court allow him to argue that he needs to reduce the support to my child in order to support more children that he is producing? Also, do I have a good argument for sole managing conservatorship (we currently have joint) and a lifting of geographical restrictions?
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Answered in 14 minutes by:
10/2/2013
GeorgetownLawyr
GeorgetownLawyr, Family Law Attorney
Category: Family Law
Satisfied Customers: 12,049
Experience: Experience: contested Divorces, custody disputes, Post dissolution modification, child support issues, adopti
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Hello and thank you for using our service. My name is XXXXX XXXXX I am a licensed attorney and will try my best to help you. I just ask for two things: 1) Before you sign off, please remember to rate me positively as that is the only way that I am paid and your question does not close after you rate me so I can still answer additional questions without additional charge if you have follow-ups even weeks or months later; and, 2) IF I have bad news for you, please remember I am only the messenger. When you rate me, it is my service to you that you rate, not whether the news is good or bad. I will try my best to give you a solution, but sometimes the law does not have a good one.

 

Will the court allow him to argue that he needs to reduce the support to my child in order to support more children that he is producing?

The court will allow anyone to argue anything that they want, whether the court accepts the argument is a different story. The standard to reduce support is "a substantial change in circumstances" and the birth of a child would be considered a substantial change in circumstances. You can counter his argument by pointing out that he intentionally changed his circumstances and the court should not allow him to decrease his obligation to your child, furthermore you have been solely taking care of the child and that warrants the current support and possibly an increase in support.

 

Also, do I have a good argument for sole managing conservatorship (we currently have joint) and a lifting of geographical restrictions?

Yes you do. He doesn't see the child. You are in fact sole managing conservator in practice, you just do not have the title. His actions in voluntarily withdrawing from your child is a good basis for seeking and gaining sole conservatorship. I hope this helps clarify.

 

Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance to you. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just make sure you type: FOR GEORGETOWN LAWYER on the subject line. Thank you!

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Customer reply replied 4 years ago
That is a relief to know. He and wife #4 had her tubal ligation reversed to have these children so he can't deny intention. Had another question I forgot to add. We were not married and we finally finished our orders went into effect when my son was about a year and a half old. My son has my last name but he insisted at the time that I change my sons last name to his a year prior to him starting kindergarten. I have not done that because of his obvious lack of concern or interest. If my sons father wishes in the future to take me to court over it, what would probably happen? My argument has always been that my son has extensive medical issues and I feel a name change would cause a problem. Also I don't see why he should have the name of a man that openly calls him a "huge mistake"
Whose last name is XXXXX XXXXX son's birth certificate?
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Customer reply replied 4 years ago
Mine. He abandoned when I was around 5 months pregnant and did not want anything to do with him at first. Then he took an interest at when my son was about a year and a half old. We went to mediation for support and custody. As a matter of pride (I am guessing) he was adamant about changing my son's last name to his. I argued against it but the mediator said a judge would make me anyhow if I didn't agree to it in mediation. When my son turned 4 would have been the time I was to have had his name changed. He is five and a half now. I am a bit worried that I could be held in contempt of the signed orders, but my stance is that the father has abandoned the child and the child would have unnecessary confusion over the name change because he has little knowledge of the father.
Ok, thanks. At this point he would have to file a motion to hold you in contempt of the court order to change the name and you would have to defend on the grounds that his father abandoned him, has had nothing to do with him or his life and would now confuse the child and therefore it is in the best interests of the child to let him have the only name he has ever known. When you argue you must always focus on the "best interests" of the child as that is the standard the court has to use. I cannot predict the outcome, the judge will then decide. I hope this helps clarify. I would appreciate a positive rating so that I may receive credit for my time and answers as you would want to have credit for your work. We are not paid salaries here and positive ratings encourages experts to answer future questions. Thanks again and kind regards.
GeorgetownLawyr
GeorgetownLawyr, Family Law Attorney
Category: Family Law
Satisfied Customers: 12,049
Experience: Experience: contested Divorces, custody disputes, Post dissolution modification, child support issues, adopti
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Hi Susan,

I'm just following up with you to see how everything is going. Did my answer help?


Let me know,
Lisa
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