I'll try not to get into too many details but my ex-wife and I have two children joint custody of them and they live with me half the time. The oldest is 14 and is not my biological son but I have raised him since birth. We had a paternity test done when he was two and it revealed that another man was the father. He has never had much to do with my son except for the odd visit once or twice a year. When I was still married to my ex-wife I pushed her to collect child support but she never would. Now that we are divorced I pay offset child support for both children. Recently the biological father after 14 years has been contacting me Out of the blue blaming me for the reason he has not seen "his" son. Basically the tone of his emails is to tell me that my job here is done and he's ready to take over. My ex-wife will still not agree to collect any child support from him even though she has been allowing him to spend time with our son.
My lawyer has advised me that I could make a claim that he cover a portion of the child support since he is in contact with my son and he has not paid a dime in 14 years. Has anyone ever experienced anything like this? If it is a possibility as my lawyer states I am fully prepared to go ahead with a motion to put a child support obligation on this man. I don't see why after all these years he has not had to take any responsibility whatsoever for this child and my child support I currently pay is high enough that it takes away from our quality of life.I also firmly believe, although hard to prove, that he is paying some form of child support off the books to my ex-wife.
For instance, if he makes $50,000 a year and has no access to the child, should he not be paying child support based on the full table amount for his salary?
It's a tough situation because at mom's house there are no rules for my 14 year old to follow which makes it a very attractive place for a teenager to live. His mother and her family have been making him many promises to buy him things do things for him if he was to go live there full-time. If I have to pay full table amount on the one child my current support obligation is over double what it currently is putting myself my new wife and my younger son in a tough financial position.
I would hope that the court would see that I am trying to provide for my family and there is a biological father who is in the picture who owns a business who makes money that could be and should be providing for his child. I'm not saying that I will not continue to pay a portion of the support for my oldest but I do not believe that it is fair or logical to have one person burdened financially in this situation.
Any advice would be welcome. Thank you
My lawyer has advised me that I could make a claim that he cover a portion of the child support since he is in contact with my son and he has not paid a dime in 14 years. Has anyone ever experienced anything like this? If it is a possibility as my lawyer states I am fully prepared to go ahead with a motion to put a child support obligation on this man. I don't see why after all these years he has not had to take any responsibility whatsoever for this child and my child support I currently pay is high enough that it takes away from our quality of life.I also firmly believe, although hard to prove, that he is paying some form of child support off the books to my ex-wife.
For instance, if he makes $50,000 a year and has no access to the child, should he not be paying child support based on the full table amount for his salary?
It's a tough situation because at mom's house there are no rules for my 14 year old to follow which makes it a very attractive place for a teenager to live. His mother and her family have been making him many promises to buy him things do things for him if he was to go live there full-time. If I have to pay full table amount on the one child my current support obligation is over double what it currently is putting myself my new wife and my younger son in a tough financial position.
I would hope that the court would see that I am trying to provide for my family and there is a biological father who is in the picture who owns a business who makes money that could be and should be providing for his child. I'm not saying that I will not continue to pay a portion of the support for my oldest but I do not believe that it is fair or logical to have one person burdened financially in this situation.
Any advice would be welcome. Thank you
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