Welcome to the Prison Talk Online Community! Take a Minute and Sign Up Today!






Go Back   Prison Talk > FOR FAMILY & FRIENDS > Met While Incarcerated
Register Entertainment FAQ Calendar Mark Forums Read

Met While Incarcerated Were you introduced by a friend or family member after he/she was incarcerated? Did you meet as Pen Pals? This Forum is for you!

Reply
 
Thread Tools Display Modes
  #1  
Old 12-28-2016, 09:18 AM
snowblind's Avatar
snowblind snowblind is offline
Blueyes
 

Join Date: Dec 2009
Location: Colorado
Posts: 885
Thanks: 142
Thanked 461 Times in 286 Posts
Default MWI served for child support payments for a child he didn't know he had

My MWI was recently served with papers from a woman whom he had a relationship with 17 years ago. She wants his DNA to see if he's the father of her 17 year old daughter - and is seeking child support.

He has no money right now as he's locked up. He's always been locked up. Has no car, house, etc. But, I'm wondering, if it turns out he is the father, when he gets out of prison in 2-3 years, and the child is over the age of 18, will he have to pay back child support????

I wonder why this woman took 17 years to seek child support and DNA? Any thoughts?
Reply With Quote
Sponsored Links
  #2  
Old 12-28-2016, 10:04 AM
miamac's Avatar
miamac miamac is offline
Site Moderator Gone Mad

Staff Superstar Winner PTO Site Moderator 

 

Join Date: May 2013
Location: ORnativeAZresCAtied
Posts: 7,575
Thanks: 9,753
Thanked 12,590 Times in 4,880 Posts
Default

Quote:
Originally Posted by snowblind View Post
I wonder why this woman took 17 years to seek child support and DNA? Any thoughts?
I can't speak to the legal obligations he may have after the child is 18, I believe that would be state specific. Through conversations in other threads I've gathered that if he has been incarcerated there would be little recourse to recoop. But that's just what I've read here. Maybe a family law attorney could better advise.

As for why she's doing it now? I don't know who my biological father is and I didn't know that I didn't know until I was 19. I tried to find him. It could be that her child now wants to know. It could be that the man she believes is her child's father has been in prison and maybe she didn't feel that was a connection she wanted to have. Maybe there have been medical complications to where it would benefit her child to know the father's history. There are endless reasons why it happens when it happens.

Best of luck to everyone involved.
Reply With Quote
  #3  
Old 12-28-2016, 10:27 AM
maytayah's Avatar
maytayah maytayah is online now
Lil British Site Moderator

Staff Superstar Winner PTO Site Moderator 

 

Join Date: Mar 2013
Location: England Uk
Posts: 4,548
Thanks: 4,247
Thanked 5,913 Times in 2,686 Posts
Default

As Miamac says this could be instigated by the child wanting to know about their biological parent.
My recommendation would be take the test and find out, the DNA won't lie and before he starts worrying about child support and legal obligations he needs to find out out if he is a father or not for the childs sake and his.
While he is in prison he has no income after his release I dont know but a family lawyer will help him.
__________________
"Do not judge me by my successes, judge me by how many times I fell down and got back up again." Nelson Mandela.

Who cares what they say about us? Because when I am with you I am standing with an army
Reply With Quote
The Following User Says Thank You to maytayah For This Useful Post:
miamac (12-28-2016)
  #4  
Old 12-28-2016, 02:41 PM
snowblind's Avatar
snowblind snowblind is offline
Blueyes
 

Join Date: Dec 2009
Location: Colorado
Posts: 885
Thanks: 142
Thanked 461 Times in 286 Posts
Default

I believe he did the DNA. Don't know how long it takes..
Reply With Quote
The Following User Says Thank You to snowblind For This Useful Post:
maytayah (12-28-2016)
  #5  
Old 12-28-2016, 07:00 PM
CenTexLyn CenTexLyn is offline
Registered User
 

Join Date: Sep 2003
Location: TX-US
Posts: 13,656
Thanks: 456
Thanked 9,204 Times in 5,277 Posts
Default

In some jurisdictions, applying for public assistance of any type while having care and custody of a minor child will automatically trigger the State to seek child support from the father. I have seen MANY cases like that here in Texas where the custodial parent had no idea such a process would be triggered and had not previously sought child support even when they DID know for sure who the father was...
Reply With Quote
The Following User Says Thank You to CenTexLyn For This Useful Post:
sidewalker (12-30-2016)
  #6  
Old 12-28-2016, 07:09 PM
snowblind's Avatar
snowblind snowblind is offline
Blueyes
 

Join Date: Dec 2009
Location: Colorado
Posts: 885
Thanks: 142
Thanked 461 Times in 286 Posts
Default

Oh, that's interesting, CenTexlyn. Thanks for the information. Never considered that!
Reply With Quote
  #7  
Old 12-28-2016, 07:45 PM
AndyS AndyS is offline
Registered User
 

Join Date: Jun 2016
Location: Texas US
Posts: 767
Thanks: 913
Thanked 1,325 Times in 499 Posts
Default

I wish there was some statute of limitations on pursuing child support if the custodial parent does nothing to initiate support from the beginning. Most women know who the father is - even if on Jerry Springer they say they don't. At least they have some idea. I just think it's really unfair to raise a child almost to adulthood and then want to pursue them legally for support. I realize that child support is for the child but many children never even get to see the benefits of that money. Now if he is found to be the father when he's released he will have the added stress of having to come up with 17 years worth of support without getting the benefit of being able to be there for the child when they were growing up. I understand the government wanting to recupe what they pay out I just think in these instances it's unfair.
Reply With Quote
  #8  
Old 12-29-2016, 08:33 AM
snowblind's Avatar
snowblind snowblind is offline
Blueyes
 

Join Date: Dec 2009
Location: Colorado
Posts: 885
Thanks: 142
Thanked 461 Times in 286 Posts
Default

Yes, if he's found to be the father and has to pay child support for 17 years, it will be very stressful. I think he has no idea the financial ramifications. He's just thinking of the emotional. He thinks his life might have turned out different if he knew he had a child to "live for". He was angry when I was asking questions about this woman. Who she was and such as he had never mentioned their relationship to me before. Said I was jealous. I might be upset though if it turns out I have to help pay child support for this "child" after we get married! I guess I'll let it go until we get the DNA results... I'm praying the child is not his.
Reply With Quote
  #9  
Old 12-30-2016, 05:39 AM
Psychocandy's Avatar
Psychocandy Psychocandy is offline
98% mean :)
Donation Award 
 

Join Date: Jun 2012
Location: UK
Posts: 2,211
Thanks: 1,580
Thanked 4,035 Times in 1,418 Posts
Default

That is very sad and stressful for them both. I know I went through it a couple of years ago when my Father came out of his 'blissful' life to find me. His wife was a lovely lady and very supportive of us both. All you can do is be by his side and hope it works out the best way for the both of them.
__________________
Mrs Mroch
Just like the sunshine after rain
I'll come
To be with you will save the day
'Cos I know
When I'm with you again
You just steal my heart away


Reply With Quote
The Following User Says Thank You to Psychocandy For This Useful Post:
snowblind (12-30-2016)
  #10  
Old 12-30-2016, 08:53 AM
sidewalker sidewalker is offline
CA, LASO, site sug. SUPER MOD

PTO Super Moderator Staff Superstar Winner 

Donation Award 
 

Join Date: Mar 2007
Location: ca usa
Posts: 28,377
Thanks: 48,612
Thanked 24,677 Times in 12,750 Posts
Default

Not sure how its done in the state that they are from but IF he is the father, Im not sure he would be responsible for all of the back child support. He would be responsible for repaying any monies the mother may have rec'd while on assistance tho.
Since he does not know if he's the father, I'd guess there is no formal support order in place.

As for YOU paying any child support for him?
I wouldnt.
In my state they use some sort of *formula* to figure out current child support amounts. They will take your income (if you did decide to get married) into consideration but apparently it does not figure into the amount they figure on.
(its been a long time since I dealt with this, so take what Im saying with a grain of salt)
__________________
My windows aren't dirty

That's my dog's nose art

Reply With Quote
  #11  
Old 12-30-2016, 01:46 PM
nygirl17 nygirl17 is offline
Registered User
 

Join Date: Apr 2016
Location: Michigan
Posts: 1,934
Thanks: 75
Thanked 1,131 Times in 741 Posts
Default

In most states they done have to pay all those years in back support. No way!!!! Why should he be punished because now she wants to file for support after all those years. Not where we live. You only get from the time you file until the day the child graduates high school. And in our state a prisoner doesn't have to pay unless he has assets he can sell and pay it. He needs to find out what the laws are in his state and go from there.
__________________


Reply With Quote
  #12  
Old 12-30-2016, 05:33 PM
snowblind's Avatar
snowblind snowblind is offline
Blueyes
 

Join Date: Dec 2009
Location: Colorado
Posts: 885
Thanks: 142
Thanked 461 Times in 286 Posts
Default

Thanks for all the info. Well, he has not had a moment to do the DNA cause it has to be notarized there in prison and that's not always easy to have done. His MRD is not for three more years at the earliest or if he were to parole later this year, he's on parole for two years. So chances are he won't have a job where he could "afford" child support before she turns 18? Not sure about high school...
Reply With Quote
  #13  
Old 12-30-2016, 07:16 PM
nancyginnm's Avatar
nancyginnm nancyginnm is offline
Registered User
 

Join Date: Apr 2009
Location: NM
Posts: 727
Thanks: 449
Thanked 463 Times in 228 Posts
Default

Quote:
Originally Posted by snowblind View Post
Thanks for all the info. Well, he has not had a moment to do the DNA cause it has to be notarized there in prison and that's not always easy to have done. His MRD is not for three more years at the earliest or if he were to parole later this year, he's on parole for two years. So chances are he won't have a job where he could "afford" child support before she turns 18? Not sure about high school...
Well this sucks. Unfortunately, a similar situation happened to my husband. Paternity was never established (as he was incarcerated). "Child" is now 37 and DOC is taking 20% of any income he earns/receives is sent to her. She was on public assistance for several years. The State (Colorado) waived/forgave his arrears to them, however, the mom didn't/won't. Regarding paternity, the state told my husband it's now up to the "child" if he wants a paternity test. I couldn't believe that child support would be ordered without establishing paternity, but i have seen and gone through the records. My husband also gets annual notices from DMV indicating he cannot get his drivers license until his child support is completely paid.
__________________


Reply With Quote
  #14  
Old 12-30-2016, 09:25 PM
snowblind's Avatar
snowblind snowblind is offline
Blueyes
 

Join Date: Dec 2009
Location: Colorado
Posts: 885
Thanks: 142
Thanked 461 Times in 286 Posts
Default

OMG, Nancy. So, he's paying child support for a "child" who is now 37. How many years does he have to pay it for? At .60 a day she's not getting much money. That's one hateful woman. And what happens when he gets out of prison? Will he need to continue paying? That's what I'm worried about. Having to pay when he gets out of prison. Yeah, I wonder how they can justify your husband paying child support for a child that may not be his. The laws are messed up.
Reply With Quote
  #15  
Old 12-31-2016, 08:58 AM
nygirl17 nygirl17 is offline
Registered User
 

Join Date: Apr 2016
Location: Michigan
Posts: 1,934
Thanks: 75
Thanked 1,131 Times in 741 Posts
Default

Quote:
Originally Posted by snowblind View Post
OMG, Nancy. So, he's paying child support for a "child" who is now 37. How many years does he have to pay it for? At .60 a day she's not getting much money. That's one hateful woman. And what happens when he gets out of prison? Will he need to continue paying? That's what I'm worried about. Having to pay when he gets out of prison. Yeah, I wonder how they can justify your husband paying child support for a child that may not be his. The laws are messed up.
He's paying it to the state is what it sounds like. And as far as paying support for a child who may not be his. If his name is on the birth certificate he must pay and if it's not even so he must pay he should or requested a DNA from the get go. It sucks but that's what they do.
__________________


Reply With Quote
  #16  
Old 12-31-2016, 08:58 PM
Kevinlovesme Kevinlovesme is offline
Registered User
 

Join Date: Apr 2016
Location: Texas
Posts: 20
Thanks: 1
Thanked 12 Times in 8 Posts
Default

Quote:
Originally Posted by snowblind View Post
My MWI was recently served with papers from a woman whom he had a relationship with 17 years ago. She wants his DNA to see if he's the father of her 17 year old daughter - and is seeking child support.

He has no money right now as he's locked up. He's always been locked up. Has no car, house, etc. But, I'm wondering, if it turns out he is the father, when he gets out of prison in 2-3 years, and the child is over the age of 18, will he have to pay back child support????

I wonder why this woman took 17 years to seek child support and DNA? Any thoughts?
There are alot of different answers to your questions and to get correct information, he would need to contact an attorney. The mother might not of known until recently he could be the father, maybe there was someone else in the picture. Maybe there was domestic issues you know nothing about, and the mother for her own reasons wanted to wait until the child was grown. Maybe the child wanted to know for.. Hard to say. Can't judge nor agree whatever the reasons may be. If he is the father, his obligation to pay support does not change due to him being incarcerated. What does matter is the state the mother and child reside in. He could be responsible for 17yrs worth, he could only be responsible for 2yrs retro, he could only be responsible for when it was confirmed he was, if he is, the father. Did she receive assistance from the government for the last 17yrs, that plays a part in this also. He may not have anything property wise, but if he has any money in an account, they could take that. What he needs to do is not communicate with her directly. He needs to get an attorney. If it is determined he is the father, his attorney would need to get a modification or suspension of support while he is in prison. If he does not, he could have to pay penalties for non payment. If he is the father, when he gets out of prison, he will be finacially responsible, depending on the state until the child is 18-21yrs old, maybe longer if special needs. This is why an attorney is needed. Good luck.
Reply With Quote
The Following User Says Thank You to Kevinlovesme For This Useful Post:
snowblind (12-31-2016)
  #17  
Old 12-31-2016, 10:14 PM
snowblind's Avatar
snowblind snowblind is offline
Blueyes
 

Join Date: Dec 2009
Location: Colorado
Posts: 885
Thanks: 142
Thanked 461 Times in 286 Posts
Default

Well, his sister is supposed to be trying to contact the woman and see what's going on. What her intentions are. I think it could potentially destroy our lives if he has to pay child support. He's been in prison for years. Ever since he knew this woman. He has no money for an attorney and I'm certainly not going to pay for one. I guess we need to see what the DNA results are first... Then, go from there.
Reply With Quote
  #18  
Old 12-31-2016, 11:56 PM
Kevinlovesme Kevinlovesme is offline
Registered User
 

Join Date: Apr 2016
Location: Texas
Posts: 20
Thanks: 1
Thanked 12 Times in 8 Posts
Default

Like you say, wait for DNA results before worrying too much. Also, all states have some kind of legal aid services. Most attorneys will provide a free 30min to 1hr consultation, if you do this just make sure you consult a family law attorney and have your questions written out ahead of time. You can also contact Dept.of Human Services in your state to get more information regarding child support and modification. I hope this helps. Stay strong.
Reply With Quote
The Following User Says Thank You to Kevinlovesme For This Useful Post:
fbopnomore (01-01-2017)
  #19  
Old 01-01-2017, 05:48 AM
nancyginnm's Avatar
nancyginnm nancyginnm is offline
Registered User
 

Join Date: Apr 2009
Location: NM
Posts: 727
Thanks: 449
Thanked 463 Times in 228 Posts
Default

Quote:
Originally Posted by snowblind View Post
OMG, Nancy. So, he's paying child support for a "child" who is now 37. How many years does he have to pay it for? At .60 a day she's not getting much money. That's one hateful woman. And what happens when he gets out of prison? Will he need to continue paying? That's what I'm worried about. Having to pay when he gets out of prison. Yeah, I wonder how they can justify your husband paying child support for a child that may not be his. The laws are messed up.
Since he has been down almost 20 years and still has a few more to go, he will be done by the time he gets out. Child support is no joke in Colorado. They told my husband he couldn't get his driver's license until it is paid off. AND it would be a condition of parole. My step son got violated when he didn't comply.
__________________


Reply With Quote
  #20  
Old 01-01-2017, 05:53 AM
nancyginnm's Avatar
nancyginnm nancyginnm is offline
Registered User
 

Join Date: Apr 2009
Location: NM
Posts: 727
Thanks: 449
Thanked 463 Times in 228 Posts
Default

Quote:
Originally Posted by nygirl17 View Post
He's paying it to the state is what it sounds like. And as far as paying support for a child who may not be his. If his name is on the birth certificate he must pay and if it's not even so he must pay he should or requested a DNA from the get go. It sucks but that's what they do.
His name is not on the birth certificate. He has answered every motion and summons. Since he did not appear in court in person, the state and the mother won a default judgment. By the way, he's not paying the state. DOC takes 20% and mails it directly to her. And he did request DNA "from the get go". Keep in mind this fiasco started in 1998.
__________________


Reply With Quote
  #21  
Old 01-01-2017, 07:20 AM
sidewalker sidewalker is offline
CA, LASO, site sug. SUPER MOD

PTO Super Moderator Staff Superstar Winner 

Donation Award 
 

Join Date: Mar 2007
Location: ca usa
Posts: 28,377
Thanks: 48,612
Thanked 24,677 Times in 12,750 Posts
Default

**How many years does he have to pay it for?**
Ok if I remember right, he would have to pay for it until whatever the amount was is paid off. Even if the *child* is an adult. I do think the *clock* stops when the child turns 18, unless the child has some issues (handicapped, etc) Then it never stops.

Ive also heard that if a couple is married, and the wife screwed around and got pregnant by someone other than her husband they still consider him the father and therefore responsible for support.

Again, take with a grain of salt here.
__________________
My windows aren't dirty

That's my dog's nose art

Reply With Quote
  #22  
Old 01-01-2017, 12:43 PM
miamac's Avatar
miamac miamac is offline
Site Moderator Gone Mad

Staff Superstar Winner PTO Site Moderator 

 

Join Date: May 2013
Location: ORnativeAZresCAtied
Posts: 7,575
Thanks: 9,753
Thanked 12,590 Times in 4,880 Posts
Default

I'm going to put this out there because the conversation seems focused around the financial aspect (which I absolutely understand). But...

If he is this child's father, please remember there is a human being attached to this fight that did not ask to be involved and doesn't need animosity brought down on them. Whatever the reason for the wait, it's happening and that "child" isn't asking for any of this.

You can be mad at mom, you can be hurt, frustrated and scared, but if your partner has a child and the circumstances are such that he has contact with that child, please leave all of this part far away from them. 8, 18 years old or 28 years old-- this isn't their fault.
Reply With Quote
The Following 4 Users Say Thank You to miamac For This Useful Post:
AndyS (01-01-2017), maytayah (01-01-2017), Sean'sGirl82 (01-04-2017), sidewalker (01-02-2017)
  #23  
Old 01-02-2017, 08:42 PM
Marseille's Avatar
Marseille Marseille is offline
Registered User
 

Join Date: Jun 2008
Location: South Dakota, USA
Posts: 1,266
Thanks: 584
Thanked 1,984 Times in 693 Posts
Default

I just read the whole Colorado Child Support Commission file and determined this...

1. He will almost certainly be required to pay retroactive child support, back to the time they separated or the time the child was born if they separated before that.

2. Incarceration of more than 1 year takes "potential earnings" off the table when they are figuring out the amount an unemployed person has to pay. This will keep the monthly obligation for the years he was incarcerated at the minimum amount.

3. The minimum amount is $50 per month for one child, so the amount he would be held accountable for is about $11,400, in Colorado they go from birth to age 19 - if he was incarcerated that entire time. If he was not incarcerated for some of that, then his income at that time would be used to determine how much he owed for those periods of time.

4. If the child had special medical needs, 1/2 of those costs can be added. That includes things like braces, glasses, asthma or diabetes treatments, and other serious injuries or chronic illnesses.

5. All child support orders have an automatic garnishment order. For an unmarried person who is not supporting any other children and is more than 12 weeks behind, up to 65% of earnings will be garnished. Whether or not you can "afford" it is not relevant.

It's going to be a bitter pill, but I don't think the child's mother is deserving of your contempt for this. You don't know her story and frankly, her reasons don't matter. The child was entitled to the support of his or her father and the law exists to ensure the child receives it.
__________________
Reply With Quote
The Following User Says Thank You to Marseille For This Useful Post:
Heismyman (01-03-2017)
  #24  
Old 01-04-2017, 06:13 AM
CenTexLyn CenTexLyn is offline
Registered User
 

Join Date: Sep 2003
Location: TX-US
Posts: 13,656
Thanks: 456
Thanked 9,204 Times in 5,277 Posts
Default

Quote:
Originally Posted by snowblind View Post
Well, his sister is supposed to be trying to contact the woman and see what's going on. What her intentions are. I think it could potentially destroy our lives if he has to pay child support. He's been in prison for years. Ever since he knew this woman. He has no money for an attorney and I'm certainly not going to pay for one. I guess we need to see what the DNA results are first... Then, go from there.
As noted, she may not even BE the one pushing for it. Ignored by many is that an application for any sort of government benefits can automatically trigger efforts by the State to go after the father for past-due child support even where the mother had not sought it. The State is looking out for the interests of the CHILD in this instance...
Reply With Quote
The Following User Says Thank You to CenTexLyn For This Useful Post:
Heismyman (01-04-2017)
  #25  
Old 01-05-2017, 04:32 PM
Texas EZ Mom Texas EZ Mom is offline
Registered User
 

Join Date: Jan 2012
Location: Texas
Posts: 1,042
Thanks: 59
Thanked 822 Times in 367 Posts
Default

I avoided this thread because I have children and I believe in the non-custodial parent paying support for his or her child. In Texas, as soon as one applies for any type of government assistance (food stamps, Medicaid etc) the State of Texas will go after the other parent. As CenTexLyn as stated twice above. I took offense to the post about "child support not being used for the child". If the child has a roof over their head, lights, water, food, clothing, all the necessities of life, than the child support IS being used for the child. Child support is never truly half of the upkeep of the child, but it is what it is. I don't understand how paying child support could potentially destroy someone's life. But that is just ME.
Reply With Quote
The Following 3 Users Say Thank You to Texas EZ Mom For This Useful Post:
CenTexLyn (01-06-2017), Heismyman (01-05-2017), Ms Sunny (01-05-2017)
Reply

Bookmarks

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
Child support payments while in prison? mandielizabeth California General Prison Talk 11 10-23-2016 07:44 PM
Stopping Child Support Payments Lion's Victory Prison & Criminal Legal Help! 9 03-05-2009 02:45 AM
Child Support Payments From Inside ? kittkatt Texas General Prison Talk 8 08-03-2007 04:07 PM
Article: Do 'child support' payments stop if child is in prison? Amy Mississippi Prison & Criminal Justice News & Events 2 08-30-2006 06:50 AM
What happens to child support payments when he goes to prison? nikichik Georgia Prison & Jail – Visitation, Phones, Packages & Mail 4 10-21-2005 05:16 PM


All times are GMT -6. The time now is 02:51 AM.
Copyright © 2001- 2017 Prison Talk Online
Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2017, Jelsoft Enterprises Ltd.
Website Design & Custom vBulletin Skins by: Relivo Media
Message Board Statistics