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Old 11-26-2009, 06:54 PM
NoahsDaddy NoahsDaddy is offline
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If he disputes the paternity, the judge can order a test. If he is proven to be the bilogical father, he will be obligated to pay child support and there's no exceptions to that. In terms of getting it quickly, you'd need to have a lawyer file an emergency motion. You could do it yourself but it's kinda complicated and a paternity test will slow that down.

I pay child support to my son and they did request three previous years tax return but, in the end, only really cared about the most recent one because my income was highest. If he has a valid excuse for not working (or an invalid one that the judge believes) you may see them set the amounts at somewhere between what he currently makes and what he made previously. For example, they might take an average of his past three tax returns and use that to set the amount of CS.

Playing devils' advocate, what if he has the fact that he is the father confirmed and whatever doubts he had are removed? What if he wants to be a father figure to the child? If he is truly committed, he should have every right to be...and he will. The only reason the judge may favour supervised visits (at the time being) is the fact that your child is quite young. But, if the father is not a complete lunatic and wants to be a part of the childs' life, he will be given the opportunity to by the courts and that time will progress to overnights and everything. There will be very little that you can do about it.

With that being said, I really question the use of the term "donor" and your desire that he not have any unsupervised visits with his son. In fact, the comment that you do not want him anywhere near "your" baby pretty much sums up the problem that a lot of fathers face these days. What is the rationale behind not wanting unsupervised visits? Is the father a threat to the child? Is he a violent person or a flight risk? Does he not know how to care for the child? You're going to need to justify this to a court if it is something that you truly want.

I am not attempting to offend you and I am well aware that there are a lot of fathers out there who do not want any part of their childrens lives and end up being nothing more than a "donor" who gives the mother a cheque every month. On the flipside, there are a lot of fathers who just want the opportunity to be Daddy...only to have some other parent try and take that away on account of the fact that they harbour resentment towards the way in which the relationship ended. Again, I'm not aware of all the circumstances involved in your situation; so, I'm not passing judgment...just painting the other side of the fence. If you do end up going to court, I would try to avoid using terms like "donor" and most judges are not going to agree with "I don't want him around my son." Just because he was a "bad" boyfriend doesn't mean that he will be a bad father.

I would be prepared though - court proceedings are long, expensive and can get rather nasty. After what I just went through to get custody of my son, I'm pretty sure that many lawyers would take your comment about your living arrangements, previous children/relationship and use those to paint a negative picture of your stability and decision making. I'm not saying that they're right, but, just using it as an example of how everything is so underhanded and hard to take sometimes.

If he is the father, he has a financial obligation to his son, end of story there. Unless he simply doesn't want to or poses a risk to the child, yourself or himself, he will be given an opportunity to be a father. If that is something he wants and dedicates himself to, your son will have two parental influences in his life and that is a GOOD thing. If he chooses not to, then he is the one that can consciously try and live with that.

It doesn't sound like a great situation and I'm sorry to hear about it. I really hope that everything works out in a manner that your son gets everything he needs and deserves.
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