child support issues?

itoshiihitoitoshiihito
edited August 2013 in Parenting
This may get long just looking for some general advice.

My sister and her current boyfriend have 1 child together. They recently found out he has a supposed 2 year old from a one night stand before their relationship started. The other woman is on government assistance and has to file for child support though she keeps delaying the process. Her boyfriend ALSO has a son from a previous relationship but from what I understand has no contact because of his ex.

He is on the sons birth certificate but has never received anything regarding child support. Does their still need to be a DNA test or could he owe child support and not know?
As for the alleged child, he wants nothing to do with her. Doesn't want any rights, visitation or nothing.
Now, if this other child is his how will child support be affected since he has a new baby? He doesn't have any income and potentially 3 children to support.
This is in Minnesota and he's pretty much a bum. I hate to say it but he lives off my sister and his food stamps. She tells me he's working on changing but I don't see it. She, unfortunately, wants to marry this man so my last question is will she be held accountable for his child support if they do marry?

Comments

  • FateFate
    That's so sad that he doesn't want anything to do with his child. Regardless, unless they file jointly on taxes (even then you can file "injured spouse") then she isn't responsible for his child support. She didn't father the child. After marriage, she would be deemed "legal stranger" in court. This is the kind of advice you want to keep from deadbeats like that, though. If that little girl is his, she deserves support. Financially, emotionally, and physically. Joint bank accounts will be looked at too. They don't have to do a DNA test but in the case of the little girl, he should get one, considering the circumstances. Child support is calculated by income and in SOME places I've seen the new spouse's income factored in, although it isn't common. He doesn't want to get too far behind unless he likes jail.
  • hsweetie21hsweetie21
    IM going through child support issues right now. They had to DNA test all my children. So IM guess he will have to as well. The number of children he has in different relation ships will effect the amount but its different with every case. There are formulas that are used by the department of labor to determine child support amount. If he disagrees with the child support amount he will have to fight it through friend of the court and give good cause. Professionals in this field have been through this before. If he's a bum. I doubt he will get off easy. From the moment the child support is field he will have to pay child support and some will back date it. He will get served the paperwork and have to follow through with the prosecuting attorney, if he doesn't they will automatically award child support, which will add up and eventually he can get jail time. IM from Michigan and this is how it works here, I hope this helps. Good luck
  • julesjules
    I have step daughter and we don't have to pay child support thats the court order but we still give the mother money bc we want to help. But most likely be will be asked to do DNA test and will have to pay they will calculate how much he owes they calculate everything so it will be divided between all the kids but still taking into consideration what they need. If he doesn't want anything to do with the kids that's his issue that's not going to get him out of any child support they can pull out out of his check if he ever gets job. And he can be asked to pay back child support..your sister will never be held responsible for paying. If he never payes married or not they won't come after her. I know you don't have any control of the situation but wish I'm sure as do you that she would stop and think. Like if he doesn't care to be part of the other kids lives or support them what makes her think that if things go bad he will care at all what happens to their child. I would never be with man like that. I can't even call him a man. I sure hope he changes got the sake of all those children. He may not want anything to do with his kids well those kids deserve someone better anyways. So sad how any father or person can do that :(
  • 2ndtimearound2ndtimearound
    Usually when they are getting an order for child support they will serve him papers for child support with a proposed amount. Then he would need to file an answer to the court contesting paternity, then the court will order a DNA test.
  • veeveeveevee
    edited August 2013
    To answer one of your questions, in the state Illinois paternity has to be proven in order to get child support. You can file for child support but paternity has to be proven to get it. Even if the name is on the birth certificate. IKR? Some courts do this to prevent lying. As a girl can say anybody is the father and then that person is paying for a child that is not even his.

    Your sister won't have to pay for his child support because she did not father the child or had anything to do with the child. If paternity is proven he will have to get a job or go to jail. He has to pay child support. Unless he is disabled and can not work but even that has to be proven in court. If he is an able-bodied human being then he has to get a job. Sometimes the courts will put him in a job program and give him a certain amount of time to find a job. If he doesn't find a job in that timeframe without good reason he'll most likely go to jail.

    If he doesn't show up on his court dates he will automatically be put on child support.
  • captivatedcaptivated
    Your sister will not be held accountable for any CS.

    He will only owe backpaid child support from the date of the woman/state filing it.
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