Paternity/Support Response

Asked about 1 year ago - Ruskin, FL

My ex filed for support after an argument 2 years ago. She put a wrong address for me and I was just served. I've had equal timesharing with our son since we broke up and I also carry his health insurance and give her money every month for any expenses. Our relationship has been amicable for the past 2 years and she told me to ignore the papers, that she doesn't want to go to court. I don't want to ignore the papers but don't know what to answer. She gets paid under the table and put that she makes $0 in her affidavit so she can continue to receive medicaid and food stamps; she also put that she has him all of the time. Do I admit that she I carry insurance and pay her, as well as file a parenting plan with my response? I don't want to get screwed in support and my time sharing.

Attorney answers (5)

  1. Howard M Lewis

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    8

    Answered . I am sorry that you are going through this. If you are comfortable with the current schedule and financial arrangments then you have a risk of that changing by going to court, however, you cannot be held hostage by her that any time you disagree she threatens to go to court. You should meet with a local attny and discuss what are the best case and worst case scenarios that way you will have a healthy concern for court or you may want to go, either way you will have information and not fear, never negotiate through fear. take care.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
  2. Heather Morcroft

    Contributor Level 20

    1

    Lawyer agrees

    Answered . You need to respond and respond honestly. She can't drop the claim because she is receiving public benefits. If she is comitting fraud, you don't want to do the same. It is unfortunate that she is making that choice, but you cannot also be involved in a crime.

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******
  3. Karen Tallent Munzer

    Pro

    Contributor Level 14

    Answered . Call your local bar or use the AVVO find a lawyer feature to get a referral to a family attorney near you. You must file a response to the petition filed against you. Keep fastidious records of all child support you pay and get receipts if you give cash. You will be responsible for child support. The fact that you provide insurance for the child will give you a credit in child support calculations.
    Discovery will need to be undergone to ascertain your wife's income if she is not disclosing the cash she receives. You will need an attorney, to help you file responsive pleadings, obtain discovery, and work out the parent sharing and child support issues.

    ** LEGAL DISCLAIMER ** This response above is not legal advice and it does not establish an attorney-client... more
  4. Michael Charles McGinn

    Pro

    Contributor Level 14

    Answered . You need to immediately consult with and retain an experienced family law attorney. Trying to navigate the legal system on your own can result in serious negative consequences for you and your son. If you would like to schedule a free intial consultation with my office please contact 813-374-0353. My office is located in the Brandon area.

  5. John Arthur Smitten

    Contributor Level 18

    Answered . Even if she is not pursuing the lawsuit I recommend that you be proactive on your case and get your issues before the court. Contact my office for free consultation 727-446-7659.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

24,807 answers this week

2,810 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

24,807 answers this week

2,810 attorneys answering

Legal Dictionary

Don't speak legalese? We define thousands of terms in plain English.

Browse our legal dictionary