child support question

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califmom

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I want 100% legal and physical custody of my 9 month son and the father is willing to sign the papers. Can I still collect Child Support, or since I am getting 100% legal custody the parenting agreement is done and the father gets to walk away?
 
califmom said:
I want 100% legal and physical custody of my 9 month son and the father is willing to sign the papers. Can I still collect Child Support, or since I am getting 100% legal custody the parenting agreement is done and the father gets to walk away?
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You are confusing custody with support.

You also don't want to forget visitation.

Just because dad stipulates and agrees that you get 100% custody, doesn't mean he can't (or won't later) seek visitation.

The custodial parent is usually entitled to receive child support to assist in caring for the child.

I strongly suggest you don't do anything until you meet with a couple lawyers about this.

You don't have to hire those lawyers, just meet with them to discuss the basics of child support, child custody, and child visitation in your county and state.

The initial meetings are often free of charge and/or obligation.

I see you are in California.

All states will assist a parent in establishing child support payments and paternity.

Has the "dad" established his paternity via DNA testing?

Signing a birth certificate isn't ironclad, because "dad' can later seek paternity testing and have the child support encumbrance removed should the DNA prove him NOT to be the "baby daddy".

I suggest you educate yourself about the entire process in your state:

http://www.childsup.ca.gov/Default.aspx

http://www.childsup.ca.gov/Resources/ApplyForServices.aspx

http://www.cadivorce.com/california-divorce-guide/child-support/

https://www.cse.ca.gov/ChildSupport/cse/selfService/participant/notLoggedIn/home/welcome


This is a useful child support calculator. It will help you determine how much the law will allow:

http://www.alllaw.com/calculators/childsupport/california/
 
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First, there is no question about paternity or who the father is so no DNA testing is needed but I guess you are right, father can do what he wants if he chooses later down the road. Just when I think I have this all figuered out I get confused again. Why does this stuff have to be so complex. I just want my son and I want it legal and I want to move on.
 
Talk to at least one lawyer as suggested.
 
califmom said:
First, there is no question about paternity or who the father is so no DNA testing is needed but I guess you are right, father can do what he wants if he chooses later down the road. Just when I think I have this all figuered out I get confused again. Why does this stuff have to be so complex. I just want my son and I want it legal and I want to move on.
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You sought information, I was simply offering you information.
You are free to reject, or investigate its efficacy.
That said, you might be happy with paternity, but often times when a "dad" is paying $30 a week in support, he's cool with it.
Then his next MISS TOO SWEET SUGAR BABE comes along and says what about MY BABY DUMPLING and our LIL THUNDER CHILD?
You don't need to be giving that OLD HAG $30.
So, "dad" begins to question his paternity.
DNA tests are requested and it starts all over.

I don't care what you do.

I offered you information, now I bid you un dernier au revoir et bonne chance!
 
Mom, what exactly are you trying to accomplish?

Full/sole custody doesn't mean that Dad has no rights...
 
If you want Dad out of your lives it isn't going to happen. Unless you prove and I mean prove him a risk to child he will get visitation rights. He can choose to use or not use his visitation rights as he wishes, yes it sucks. He can also ignore child support payments with little consequences, sucks again. However there are few situations in which you can remove Dad from yours and your mutual child's life. Now if you marry and your husband wishes to adopt this child and Dad agrees this would legally remove him from your lives. It would also remove his obligation to support child
 
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