What can I expect here????

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I thought this was a new separation, and the mom wanted support to start and nothing had been established prior.

With each new piece of info on the child's situation, I felt stranger and stronger that it would not be difficult to establish that no financial responsibility existed. That coupling all the smaller, stand alone issues, would create an accurate picture for the courts

Sorry.

Given the existence of the agreement, and the material change, you could seek, (on your own), a change to your agreement because the child is no longer living with mom and has quit school.
 
She now is living at home, but since leaving CAS 1 month ago she did a trial month there , due to the mother not being able to handle her, But since we have been seperated in dec 07 she has lived W the grandma due to the fact she didnt want to live at home W mom and then I found out she move to St Kitts W a boyfriend for a few weeks.

This child runs away from her problems always in and out of the Mothers home and also out out school how does she support herself I have know Idea we dont talk and I would rather it be that way. Every since she made up stories that I had sexual abused her I really cant trust her around me Without someone else present.............
 
So can I ask for our speration agreement to be terminated due to the fact she was not in a regular high school daily and also that she was not in the care of her Mother????

I Meet the lawyer Monday at 4 and thanks to you guys I have printed off those court rulings and also have printed off the emails from the child to better represent my case that she left the hiome and not me

I have no problems helping out A BIT.... but The Bio dad needs to step up to the plate here and be a real man

thats always been my problem with this and I hope justice can UNDERSTAND my side

Dave

Thks again
 
the only advice I can give is never be alone with the girl for even two minutes. She sounds very unfocused and knows how to manipulate the situation. I hope that it works out in your favour.
 
Ok saw the lawyer he told me that the agreement we have for 350 a month for CS should stand since it is an agreement between Us and our Lawyers but I asked him about the bio dad and why she has didnt put him on the order. He told me if there is no $$$$ there why bother, Thats why she is only going after me. If I want to see his T4 i must get papers drawn up which in fact will cost me $$$$ is this really worth it???

Also i told him about the child not in school and he informed me that if she is not then I dont not have to pay. So what we are thinking here is re send the court papers to agree W the 350 BUT I want monthly attendence records and also if she leaves the MOM's home that I must be informed.

It seems like the bio dad is a was of money, he told me the Judge will c that I was the major Father figure and that I will have to Pay WHY WHY

Doesnt she have to ask for CS from him first even if I was in this Picture
as a dad ?????????
 
coffeeman690 said:
It seems like the bio dad is a was of money, he told me the Judge will c that I was the major Father figure and that I will have to Pay WHY WHY

Doesnt she have to ask for CS from him first even if I was in this Picture
as a dad ?????????
Click to expand...

I am in a similar situation and it seems the decisions vary somewhat from judge to judge and situation to situation. The bio dad has an obligation to pay unless he has specifically been relieved of that right by the mom through the courts. How much he would be on the hook for depends on a lot of factors, such as his ability to pay, the child's financial need, etc.

Ultimately, the judge will likely order some sort of split. The amount you pay relative to the bio dad will be largely based on the extent to which you acted as the child's father. In my case, the bio dad was not involved at all and I raised him since he was a baby as my own - 10 years and counting. Even in this circumstance, the judge as the case conference figures I'd be paying 1/3 and the bio dad 2/3.

If you are not completely absolved of CS due to the other factors in your case, I would absolutely make the bio dad a party to the proceedings. Even if you only get partial relief, it's still relief.
 
You have a definate material change, (IE not in school and rarely in mom's care) and as such can seek to have the agreement varied. And this is where you would reguest that the bio be included. If this was me, I would include a request to find that the daughter is no longer a child of the marriage.

When a child chooses to move out, or move on and not rely primarily on the parents, and this can be proven, then the courts have ordered that a minor chid is no longer a child of the marriage and actually had support terminated.

I know you want to help, so you need to decide what is best for you.
Best of luck to you.
 
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