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Twilight
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I see no reason, by what you have said so far, to believe that he can take your daughter from you, however, he will most likely be given visitation rights so I would let whomever you are going through to get this support know that he is stating he has tricks up his sleeve to make sure those tricks aren't trying to run off with your daughter. He cannot get the amount lowered unless he loses his job and the next job pays less. Even then he would have to go back to court to get the amount lowered and prove that there was a valid reason for the reduction in income. I cannot see why he would take you to court to get your daughter after not being there for her for 5 years but he probably wants to pay less. A lawyer will let him know that the amount the court ordered him to pay is valid. Good Luck. |
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rivasj27
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No a judge will not remove a child unless you are an abusive parent. Men just like to freak out mothers in these situations. Its their way of controling them and the situation. IF the judge ordered the child support then he does have rights to visit her. Better get a written agreement. |
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MB
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In general, unless he can prove to the courts that you are an unfit mother, he can't take her from you though he might be in a better position to ask for visitation rights than he previously was.
As I understand it, he cannot have it reduced unless his income changes drastically or you agree to it. |
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patriotic italienne™ v1.01
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He can try and get custody, unless you're unfit, it would be joint. He can try to get it reduced, but unlikely. He cannot put limitations on what you do with it. |
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butterfliesRfree
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One -- NO he is not going to take your baby girl away -- he doesn't want that responsibility -- trust me on this.
Two -- it's NOT THAT MUCH MONEY....
I worked for attorneys when I got divorced and they kept saying to go for MORE MONEY because he made good money and I was like -- no, I do okay.......and I didn't want to "ruin" him financially either - IDK -- I was kind of stupid so I got very little. The thing you have to remember, is it's not JUST taking care of her and you're going a good job at it......but it's ALSO about her future and college, etc.....things I didn't think about..............OH AND THE "having something up his sleeve" -- means he's TRYING to get to you and play head games......ignore it. |
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lil vamp
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the judge sets a price he has to pay--he cant get it reduced. In fact if has never payed child support, you may be entitled to back child support. He cant put limitations on what you do if you have full custody. He can take you to court to have shared custody. He cant take her from you, but if he wants he can take you to court to have visitation rights. Hope that helps. |
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roseblack860
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he can't do that to you courts don't like deadbeat dads |
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TwinkaTee
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First, do NOT allow any man to make you afraid. He is pissed off and is trying to scare you. Second, your daughter DESERVES this money, so don't even feel bad that the dad has to step up to the plate and pay.
I would make sure that the court documents have you as the primary custodian of the child. That way, you have full rights to do whatever you want with the child. Also, be sure that there is no limitation on where you can move or how far you can be from him. My aunt's husband TRIED to do that when they divorced, but the judge threw it out. |
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STEVEN F
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Without an ADDITIONAL court order, the ONLY thing he can do is pay $500/month. He can ASK the court to do anything he wants. Unless he can present relevant information that the court was not aware of when they issued the original support order, they are not likely to make significant changes to the existing order. |
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little_chipmunk
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Yes, he can take her from you...yes he can go to the courts and get the amount reduced but they will only reduce it if he can prove that his income has decreased drastically and he cannot afford that much. Yes there is a lot you should know. First of all the reason I say he can take her from you is because he is the father...but will it be easy for him to do? No. You've had her her whole life for one and she is a girl so chances are any court you would go into would recognize that and not rule in favor of the father having custody...however, they may give him more visiting rights than he has now. You need to make sure that you keep any correspondence that he sends to you and make note of any phone calls from him and what day/time/content of the call. It wouldn't hurt for you to contact a lawyer for some advice since he made the comment that "he has tricks up his sleeve" to make sure that you keep the upper hand. There's a good chance that her dad is just using scare tactics and trying to make your life miserable...don't let him do it. Talk to a lawyer and see exactly what you need to do to protect you and your child. Good Luck. |
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oldmarine08
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500 a month for one kid and thats it......he's blessed, I paid $2500 a month for three!, he can't do squat don't worry! |
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Bonnie C
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Hard to answer. I would talk to an attorney. There's one's you can talk to for free.....contact your city services and they should be able to advise, if you don't have one...... |
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keke
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He can try but he wont get very far. Have you ever heard of the police saying "possession is 9 tenths of the law" ? Yo have the child he doesn't. If he could prove you are an unfit mother, then I'd say maybe, but your not. Don't worry about it. He's just pissed. He can get glad in the same pants he got mad in. |
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Diogenes
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1. The amount you state per month is under the average
for monthly cs.
2. Children rarely go to the Father for custody unless
there are problems with the Mother's living situation,
health or work history.
3. It is not easy to remove a child from the Guardian
Parent. Don't worry so much.
4. Don't let anyone intimidate you.
5. The fact that the Biological Father has never assisted
you financially in five years is something that should be
stressed to the Court. (Unless of course, you withheld
visitation on your own.) |
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shelley337
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you are a good mother... don't worry, he can't do a thing |
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LuAnn
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First of all, calm down and don't worry now about things that may happen. Give your daughter the most stable of homes, and the most loving of environments like you have been, and everything will be okay. The amount of money someone makes does not determine custody, even if they have been in the child's life the whole time. To answer your questions, Any biological parent can fight for custody....but his income will not be a determining factor in custody...the courts concentrate on a stable and loving home...which you provide. He will get visitation, and that may limit the thiungs you have been doing with your daughter, because he has his time now. He can go to court and get his payments reduced if there is a reduction in his income..but..you can go to court and get them increased if there is an increase in his income...Don't sweat it though..you have survived without his income support for 5 years, so you can do it even if he stops paying. |
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*~MissinMyBabe~*
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i dont think theres any way he could take her from you. youve had her 5 years b4 he even got in the picture so it would be in her best interest to stay with you. no judge would be stupid enough or mean enough to take her from you |
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TrixyLoo
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I have been told that any time a father pays child support, he can exercise his parental rights. I have allowed my daughter's father to not pay child support (I am remarried and we are a close knit family, including my daughter) so that he doesn't have a leg to stand on if he tries to take us to court.
I don't know what your ex will do, but he may just be reacting the judgement and be upset about it. If he is that much of a miser, he might see the price of lawyers fees and drop it. He hasn't been a part of your childs life before now, so I don't think it will be his motive to take her from you considering that wasn't his plan beforehand, why would he now?
He may just be saying his threats out of anger, but I wouldn't hold my breath yet. He can ask for joint custody, but in order to take custody from you, he would need just cause. And that would involve proving you unfit as a mother, and prove you are not taking care of her properly, which is very difficult to do without very good reason. A judge would consider that he hasn't been there and that youve been a single mom and that his requests are after being forced to pay child support.
My advice, don't worry about it yet. Wait until he has calmed down and then ask him what his intentions are with your child. Best of Luck. |
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crankyissues
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Yes- If he is paying child support, he has legal rights-
You should talk to an attorney immediately! If you can't afford one, you should talk to a family court advocate. Every state has different laws. It is very important that you find out what your rights are! |
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betotron don
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you need atty at law ASAP |
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aaronh456
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$500 isn't a lot per month. I know mothers/fathers who pay nearly that per WEEK to the other parent. |
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Ramona
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That's awesome...that is normal...there is nothing wrong with that amount these days. If you have full custody you will be ok. |
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Morgan
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He can't take you child away without a legal case involving drugs abuse or neglect.
If he was instructed to give you 500$ in child support by a judge it is unlikely it will decrease.
He CAN'T control anything you do but he is just as much responsible for your daughter as him.
as far as limitations there can be none legally enforced.
the tricks up his sleeves quote seems like an imitation, if he has a temper like my ex he defiantly is trying to make you fear don't worry just keep being a good mom (: |
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kevin
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wow that seems like a lil |
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kita
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Nope, he's yanking your chain! He can talk all the crap he wants, can't do a dam thing about it! |
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The Positronic Pimp
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Which Country/State are you in? Custody laws in different countries can differ greatly. |
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