HomeChild SupportLegal Issues – Friend in Child support?
Posted in Child Support on 17th June 2011

Legal Issues – Friend in Child support?
My friend (Vivi) has filed for Child Support.

She is still in contact with the baby’s father (Jake). They get along well and although they live separate (she moved back in with her mom), they still attend Sunday Mass together. At one point they were engaged to be Married, but things didn’t turn out. They aren’t dating, just friends for the sake of the child (Bryan) having both parents in his life.

Vivi tells me that she asks Jake for things for Bryan (he is 3yrs old) and he responds to her “if my son needs anything, I will get it for him” She tells me that she is not working full days or hours so she doesn’t have much money. She tells him that she needs diapers and wipes and some food for the baby along with other things, so if he could give her some money to get it for him. He tells her “Don’t you work? Don’t you have money? I am not going to give you anything, I will get it if he needs it”

Then she tells me that once in a blue moon he will get things for their son but not all the time. She told him that she was going to file for child support because he isn’t really “supporting” he told her “do what you gotta do”

She filed for Child Support in August 2009. With the information she gave the court and what she is requesting from the childs father, she was told that she was to receive $ 600.00 every month starting September 2009. We are now in October and she still has not received a dime from him. She called the court and they told her that he denied the amount and that they both now have to appear in court.

She confronts him and asks him why he had denied the amount for Child Support when he was the one who told her “do what you gotta do.” He told her “That is too much money, how do I know that you aren’t asking for that much money just to buy yourself things instead of for my son? No, I am not paying you $ 600.00 because I am pratically the only person buying him things all the time. I haven’t seen you buy him anything”

He tells her that he is going to fight this in court. He said that he is going to save all the reciepts of things that he has bought his son and show the court that he “has been supporting” him and has proof. Not in form of actual money, but in misc. things that he has bought Bryan through out..

His friends and family members are calling her “Shady” and that they cannot believe that she is putting him thru this. They say that they are all going to save the receipts of everything they have also bought for Bryan and go with Jake to court to fight this. They want to tell the Judge that Jake shouldn’t pay Vivi anything due to everything Jake has bought for Bryan and is still buying for him. And due to everything they have bought for Bryan.

They have a court set date to December 4, 2009. Jake will be taking his friends and family members. She is only taking her mom and her brother. (Should she take more people with her in her defense?)

My question is =

What do you think will happen in court?
Is it necessary for Jake to have his friends and family there?
Will the Judge “rule in favor” of Vivi or Jake?
Are the thigs that Jake has bought considered as gifts inslead of “Child Support”?

Plead give me your input..
Jake is a nurse at a local hospital. He still lives at home with his parents. He doesn’t pay any rent because his parents refuses to accept any money from him. He is a single guy with money. Yes he is good for the $ 600.00

Best answer(s):

Answer by ∞infiniti∞
Child support is calculated according to the laws in your state. It is usually around 20% of the noncustodial parent’s net income. The judge will rule on Jake’s income. It does not matter how Vivi, Jake, Jake’s friends, and family feel about it.

In many states money given to the mother that is not court ordered does not count. It is considered gifts.

Answer by LadyCatherine
unless both parties have really good lawyer, most times the judge will not listen to other people he or her bring in … though he will look at reciepts that both have on things they buy for the baby..

i want to ask why does she need 600$ a month.. how much does this guy make that she thinks he can do 600$ as month..?

Answer by justgetitright
Child support will be granted, the only thing in question is how much.

The courts can not impose child support payments which would be unbearable to the payer so his income will come come into play.

Jake, as well as Vivi should both be prepared to show their income and expenses but if Vivi is smart she wont tell Jake this.

If Jake and Vivi ever lived together, I would ask for back child support starting at the time Vivi moved back with her mom, you have to assume that while living together Jake was supporting his child.

It makes no difference how many friends or relatives Jake takes to court and it makes no difference if everyone of them stands up and
says that he buys things for his child when he needs them.

The law states that the child is to be supported by both parents.

Anything that Jake has bought for his child is a gift, it is not considered support. The only way that Jake can say he has paid child support is to show that he sent money to Vivi for the needs and care of his child.

Jake’s only possible chance would be in joint custody. In a joint custody case Jake would be paying 50% of the child’s care.

Vivi needs to make it clear what she expects Jake to take care of.
If Jake has medical insurance, Vivi should ask that Jake’s insurance be responsible for all medical care.
Any and ALL decisions that come up later such as camps, schooling etc should be negotiated and if Jake agrees to pay anything, get it in writing..

Answer by cookie68
This is what wil likely happen in court:
An order to establish paternity will be executed.
After paternity is established, the income of the non-custodial parent(NCP) will be determined.
A percentage of the NCPs income (about 20%) will be the required support payment.
At this point, your local child support enforcement office will probably take it form there.

It is not necessary for other parties to be present in court, but you may feel better with a comparable number of people there to support you.
I don’t believe “gifts” are considered to be support. Just gifts.

Just a bit of advice, be sure to keep receipts of ANYTHING you but for your child with the support monies. This will come in handy if he gives you any trouble in the future.

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