Post by BAD CHICK on May 9, 2008 20:41:15 GMT -5
Seeking child support doesn't make you a gold digger
Arlinda Smith Broady | Wednesday, July 4, 2007 at 12:30 am
(Photo: Savannah Morning News)
Let's face it, not everyone who brings a child into the world is willing to take responsibility for that life financially or otherwise.
In 2004, of the 14 million parents who had custody of their children after a divorce or other split, only 60 percent had some sort of agreement or court award to receive financial support from the noncustodial parent, according to the most recent U.S. Census figures. About 700,000 of those agreements were nonlegal, informal understandings.
When custodial parents without any agreements and those with informal agreements were asked why a legal agreement wasn't established, they most often said they didn't feel the need to get the courts involved. The No. 2 reason: The noncustodial parent pays all that he/she can afford. And the third most popular response was that the noncustodial parent couldn't afford to pay any child support at all.
Those misconceptions can cost your children financial support that could affect their physical and emotional well-being, says family law attorney Cathy Middleton.
Middleton specializes in child support matters and has successfully handled hundreds of child support cases and won more than a million dollars in child support awards.
In the introduction to her self-help book, "Girl, Get That Child Support: The Baby Mama's Guide to Tracking Down a Deadbeat, Finding His Cash and Making Him Pay Every Dollar He Owes You," Middleton presented her book as a "road map through the complex and often confusing maze" of the child support system.
"Contrary to what many believe, filing paperwork for child support payments is more time consuming than complicated," Middleton said. "You may have to take a day off from work to gather all the documents you need, but it's worth the trouble to address the issue."
Even if you weren't married to the baby's father, obtaining financial support might be more difficult, but not impossible.
"The hardest situation (to get child support) is the single mother," Middleton said. "If you're married to your baby's father, you're privy to a lot of information, such as his date of birth, Social Security number, you probably know members of his family."
A census study shows that nearly 52 percent of custodial parents who were once married to the noncustodial parent receive full child support, while about one-third of never-married custodial parents received all child support that was due.
Proof of paternity
Women who had a more casual relationship with their baby's father face a lot more hurdles. The biggest: proving paternity.
Even if you track down the man you say fathered your child, you're not eligible for a cent until you have legal documentation that he's the daddy. There are several ways to get that proof:
Have the father sign a voluntary acknowledgement of paternity as soon as the baby is born. By federal law, all maternity wards must have the forms on hand. Laws from state to state vary on the amount of time you can wait to have the father sign the documents, so it's best to do it ASAP.
In most states the father has 60 days to rescind his statement. After 60 days, a man must petition for a paternity test to withdraw his acknowledgement that he is the baby's father.
And despite what you've heard, just having a man's name placed on the birth certificate isn't proof enough.
If you're married to your baby's father, the court automatically assumes he's the father. Most states, however, do give your husband the right to request a paternity test if he has a concrete reason to believe the child doesn't belong to him.
Perhaps the most foolproof way to ensure paternity is to have a DNA test done. The test compares the genetic material of your baby and the man you suggest is the father to see whether there is a match between them. The greater the similarity in the man's and the child's DNA, the greater the likelihood he's the father.
But Middleton's expertise isn't limited to helping mothers make baby daddies pay up. She has a new book, to be released this month, that shows men how to be responsible without getting taken advantage of.
"Boy, Watch That Support: How to Keep a Gold Digger from Draining Your Pockets Dry," is set up to educate men about how to deal with family court.
"Fighting over child support turns what should have been a business arrangement into an emotional drama," Middleton said. "Some men get frustrated with the process and end up making negative decisions ... that could land them in jail, have their wages garnered, have their driver's license revoked, etc."
Middleton keeps the books to everyday language, avoiding "legalese."
Arlinda Smith Broady | Wednesday, July 4, 2007 at 12:30 am
(Photo: Savannah Morning News)
Let's face it, not everyone who brings a child into the world is willing to take responsibility for that life financially or otherwise.
In 2004, of the 14 million parents who had custody of their children after a divorce or other split, only 60 percent had some sort of agreement or court award to receive financial support from the noncustodial parent, according to the most recent U.S. Census figures. About 700,000 of those agreements were nonlegal, informal understandings.
When custodial parents without any agreements and those with informal agreements were asked why a legal agreement wasn't established, they most often said they didn't feel the need to get the courts involved. The No. 2 reason: The noncustodial parent pays all that he/she can afford. And the third most popular response was that the noncustodial parent couldn't afford to pay any child support at all.
Those misconceptions can cost your children financial support that could affect their physical and emotional well-being, says family law attorney Cathy Middleton.
Middleton specializes in child support matters and has successfully handled hundreds of child support cases and won more than a million dollars in child support awards.
In the introduction to her self-help book, "Girl, Get That Child Support: The Baby Mama's Guide to Tracking Down a Deadbeat, Finding His Cash and Making Him Pay Every Dollar He Owes You," Middleton presented her book as a "road map through the complex and often confusing maze" of the child support system.
"Contrary to what many believe, filing paperwork for child support payments is more time consuming than complicated," Middleton said. "You may have to take a day off from work to gather all the documents you need, but it's worth the trouble to address the issue."
Even if you weren't married to the baby's father, obtaining financial support might be more difficult, but not impossible.
"The hardest situation (to get child support) is the single mother," Middleton said. "If you're married to your baby's father, you're privy to a lot of information, such as his date of birth, Social Security number, you probably know members of his family."
A census study shows that nearly 52 percent of custodial parents who were once married to the noncustodial parent receive full child support, while about one-third of never-married custodial parents received all child support that was due.
Proof of paternity
Women who had a more casual relationship with their baby's father face a lot more hurdles. The biggest: proving paternity.
Even if you track down the man you say fathered your child, you're not eligible for a cent until you have legal documentation that he's the daddy. There are several ways to get that proof:
Have the father sign a voluntary acknowledgement of paternity as soon as the baby is born. By federal law, all maternity wards must have the forms on hand. Laws from state to state vary on the amount of time you can wait to have the father sign the documents, so it's best to do it ASAP.
In most states the father has 60 days to rescind his statement. After 60 days, a man must petition for a paternity test to withdraw his acknowledgement that he is the baby's father.
And despite what you've heard, just having a man's name placed on the birth certificate isn't proof enough.
If you're married to your baby's father, the court automatically assumes he's the father. Most states, however, do give your husband the right to request a paternity test if he has a concrete reason to believe the child doesn't belong to him.
Perhaps the most foolproof way to ensure paternity is to have a DNA test done. The test compares the genetic material of your baby and the man you suggest is the father to see whether there is a match between them. The greater the similarity in the man's and the child's DNA, the greater the likelihood he's the father.
But Middleton's expertise isn't limited to helping mothers make baby daddies pay up. She has a new book, to be released this month, that shows men how to be responsible without getting taken advantage of.
"Boy, Watch That Support: How to Keep a Gold Digger from Draining Your Pockets Dry," is set up to educate men about how to deal with family court.
"Fighting over child support turns what should have been a business arrangement into an emotional drama," Middleton said. "Some men get frustrated with the process and end up making negative decisions ... that could land them in jail, have their wages garnered, have their driver's license revoked, etc."
Middleton keeps the books to everyday language, avoiding "legalese."