I need help!

[Tiff-O-Bitties]

Does anyone know the laws about collecting child support in Georgia if you are unmarried? Does the father actually have to be on the birth certificate in order to collect money or does he just have to take a paternity test? Any information would be appreciated.. Post links if you have them.

[Nemesis]

http://ocss.dhr.georgia.gov/portal/site/DHR-OCSE/


Call

[devin]

that subject is very weird, i think that if you guys werent married then the father has no legal rights to the baby and maybe he doesnt have to pay, i would call a lawyer for a definitive answer on that.

[Tiff-O-Bitties]

I know that he has no legal rights, but if he is proven to be the father, he can still have to pay... But that's all I know..

Thanks George!

[Scrappy]

He i believe has to be on the birth certificate and also "admit" to being father before or after testings... but either way name and HIS signature on the birth certificate as the proven father he allows child support to go into effect but to what extent is up to courts.

[babygurl]

He doesnt have to admit to crap, petition the court for a DNA test when the baby is born, and you dont need his name on the birth certificate. Once the DNA test comes back comfirming he is the father, petition the court, to start the child support case.

Call Melissa asap about this.

[BTEC]

YEAH I WAS ABOUT TO SAY IM SURE THERE ARE A SHIT LOAD OF DUDES THAT SAY "THAT AINT MINE" AND GET A COURT ORDERED PATERNITY TEST AND HAE TO PAY CHILD SUPPORT. IM SURE THEY ARENT ON THE BIRTH CERTIFICATE EITHER BC THATS ANOTHER WAYOF SAYING THAT U ARE THE FATHER.

PROVE HES THE FATHER AND HES GOTTA COUGH UP THE CASH WHETHER HE WANTS TO OR NOT. HE WOULD BE SMARTER TO PAY U WILLINGLY BC THE COURTS ARE GONNA MAKE HIM PAY 20% OUT OF EVERY CHECK OR HE GOES TO JAIL.


U ARE GONNA HAVE TO STAY ON THEM IF HE STARTS SLACKING THOUGH BC WILL NOT HELP U MUCH IF U LET IT SLIDE SOMETIMES. BUT LETS GET THROUGH THE FIRST STEP B4 WE GET TO HOW TO GET SHIT DONE ROUND HUR. :D

[Jaimecbr900]

Babygurl is correct on this one.

He doesn't have to voluntarily claim anything. You can make the court force him to take a DNA test. After paternity is established, a child support order can be placed and enforced.

First he has to be officially be declared the father. He can do it the easy or the hard way. Then the court will determine what amount he'll be forced to pay, up to a maximum of 28% for 1 child if I remember correctly.

Found this on a quick search of GA divorce law FAQ:

"Is a father who never married the mother still required to pay child support?

The short answer to this question is yes. When a mother is not married, however, it's not always clear who the father is. An "acknowledged father" is any biological father of a child born to unmarried parents for whom paternity has been established by either the admission of the father or the agreement of the parents. Acknowledged fathers are required to pay child support.

Additionally, a man who never married the child's mother may be presumed to be the father if he welcomes the child into his home and openly holds the child out as his own. In some states, the presumption of paternity is considered conclusive, which means it cannot be disproved, even with contradictory blood tests. "


Hope that helps. :goodjob:

[Nittanys1]

You'll need to go to the court room and fill out some papers. then they will send him papers on when you all need to show up to the court together and everyone will have to submit a DNA sample. Once it comes back they will start the order for support.

[BTEC]

Babygurl is correct on this one.

He doesn't have to voluntarily claim anything. You can make the court force him to take a DNA test. After paternity is established, a child support order can be placed and enforced.

First he has to be officially be declared the father. He can do it the easy or the hard way. Then the court will determine what amount he'll be forced to pay, up to a maximum of 28% for 1 child if I remember correctly.

Found this on a quick search of GA divorce law FAQ:

"Is a father who never married the mother still required to pay child support?

The short answer to this question is yes. When a mother is not married, however, it's not always clear who the father is. An "acknowledged father" is any biological father of a child born to unmarried parents for whom paternity has been established by either the admission of the father or the agreement of the parents. Acknowledged fathers are required to pay child support.

Additionally, a man who never married the child's mother may be presumed to be the father if he welcomes the child into his home and openly holds the child out as his own. In some states, the presumption of paternity is considered conclusive, which means it cannot be disproved, even with contradictory blood tests. "


Hope that helps. :goodjob:
I WAS RIGHT TOO. LOL!!! AND YAWL THOUGHT I WAS JUST A HARCORE KILLER. IM GOOD FOR OTHER THINGS WHEN I WANT TO BE.

[joecoolfreak]

My mother is a family lawyer in gwinnett...pm for contact information

[Jaimecbr900]

I was a little off. Jesse was just about on the money.

Here are the child support guidelines amounts:

"Georgia has child support guidelines based upon the income of the noncustodial parent. There is a range of percentages, depending on the number of children, and computed on the gross income from all sources:


The range for one child is 17-23 % of the gross income of the noncustodial parent.
The range for two children is 23-28% of the gross income of the noncustodial parent.
The range for three children is 25-32% of the gross income of the noncustodial parent.
The range for four children is 29-35% of the gross income of the noncustodial parent.
The range for five or more children is 31-37% of the gross of the noncustodial parent."

[Nittanys1]

My mother is a family lawyer in gwinnett...pm for contact information


^^^SWEET!!! I may need her help in the near future!!!

[Jaimecbr900]

I WAS RIGHT TOO. LOL!!! AND YAWL THOUGHT I WAS JUST A HARCORE KILLER. IM GOOD FOR OTHER THINGS WHEN I WANT TO BE.

You are correct. I put up my post and didn't see your response. My bad. :goodjob:

[Nittanys1]

"Georgia has child support guidelines based upon the income of the noncustodial parent.

I think that part of it is stupid! My daughter's mom recently got married and now has two incomes coming in along with moving into a NEW house and my payments are going up because I make and extra $80 a month.

[Nittanys1]

Unwed parents are given the opportunity to sign a Voluntary Paternity Acknowledgement (PA) form at or near the time of a child's birth. The form may be completed and signed at:
Any Georgia birthing hospital at or near the time of the child's birth.
The Vital records office in the county of the child's birth.
The State Vital Records office in Atlanta.
A properly completed Paternity Acknowledgement form:
Helps establish the father and child relationship when the biological father is not married to the mother.
Creates certain legal responsibilities for the mother, father and child.
To learn more about the Voluntary Paternity Acknowledgement and the Georgia Paternity Acknowledgement Program, call (404)521-2160, or toll free 1-866-296-8262. You may also get more information at the following website: http://ocss.dhr.georgia.gov/portal/site/DHR-OCSS/ menuitem.f3ca900e75789bd18e738510da1010a0/ ?vgnextoid=d46a10ad92000010VgnVCM100000bf01010aRCR D

[kittychick]

and the father can have legal rights to his child
(keep in mind that legal and physical are not the same)

but as the mother; you'll find the law more favorable towards you

[Jaimecbr900]

I think that part of it is stupid! My daughter's mom recently got married and now has two incomes coming in along with moving into a NEW house and my payments are going up because I make and extra $80 a month.

If I'm not mistaken, there is a new law going into effect in 2007 that addresses that very issue.

[joecoolfreak]

There are also some very major changes about to happen in child support for GA that go affect in January, so if any of you are in the position that you deal with this stuff, please contact your lawyer or a lawyer..

[Nittanys1]

and the father can have legal rights to his child
(keep in mind that legal and physical are not the same)


^NO THATS WRONG...I had to file for lagitimation to have any rights to my daughter....if I didnt I wouldnt have been able to do anything...such as get visitation for her...

[Nittanys1]

There are also some very major changes about to happen in child support for GA that go affect in January, so if any of you are in the position that you deal with this stuff, please contact your lawyer or a lawyer..


When I talked to my lawyer he said that MOM's income isnt going to coming in to consideration when the new law passes...its stupid! plus i need a new lawyer...

[joecoolfreak]

When I talked to my lawyer he said that MOM's income isnt going to coming in to consideration when the new law passes...its stupid! plus i need a new lawyer...

The most notible change will have to do with child support as it pertains to childcare....again...pm me for contact info if you need a good lawyer...no discounts or anything, but I know you will get honest and credible representation...

[Nittanys1]

when the time gets closer I'll let you know...

[Jaimecbr900]

There are also some very major changes about to happen in child support for GA that go affect in January, so if any of you are in the position that you deal with this stuff, please contact your lawyer or a lawyer..


Exactly. That was what I was trying to tell Travis about.

Here you go Travis. I knew I'd read this somewhere. The new provisions of the law will take effect in 2007. But basically it says what you're saying, that the child support amount should be figured AFTER factoring in BOTH parent's income and number of children.

Here is a small blurb from it:

"The new child support law takes the incomes of both parents into account in establishing child support. There will be a child support obligation table to find the basic child support obligation based on the combined adjusted income of both parents and the number of children to be supported. "

You can read more about it here:

http://hindsonmelton.com/childsupport.shtml

Hope that helps. :goodjob:

[Nittanys1]

thanks...when the new papers came in a few weeks ago for the new amount MOM put down that she made no money, that really pissed me off. Almost as much as it did on day one when she put that I CONTRIBUTED NOTHING when they were living with me and i was paying for everything including $175 a week for daycare....

[babygurl]

thanks...when the new papers came in a few weeks ago for the new amount MOM put down that she made no money, that really pissed me off. Almost as much as it did on day one when she put that I CONTRIBUTED NOTHING when they were living with me and i was paying for everything including $175 a week for daycare....



I seriously hope that you pay with checks or MO not straight cash...that way you can keep up with it...if not start now....

[Nittanys1]

you cant pay with cash or personal checks...you can only pay with MO or certified checks....i know what im doing...ohh and i dont pay her i pay family services

[bdydrpdmazda]

I pay my child support voluntarily through an allotment to the mothers bank account so it can be tracked, when I get back from Iraq we will be getting the child support court ordered though so we will know exactly how much Im supposed to be paying, does anybody know if the money Im paying now will be credited toward how much I have to pay if I have been paying too much? For example, I pay 400 per month right now for one child for 10 months, thats 4000 bucks, what if we go to court and they say i onlay have to pay 200 per month, does that mean that i am paid up for the next ten months since I had been paying twice as much as I should have been??

[bdydrpdmazda]

sorry to somewhat jack your thread Cav-E-R, this subject just got me thinkin about that and it seems like the folks in this thread have a little knowledge about the situation.

[Nittanys1]

no it isnt going to be credited towards...I was paying for daycare for 3 years,of which 2.5 years we were not together. When I went to court the judge said that I was paying that money (whatever it was for) out of the kindness of my heart and will not be taken into consideration...

[Nittanys1]

sorry to somewhat jack your thread Cav-E-R, this subject just got me thinkin about that and it seems like the folks in this thread have a little knowledge about the situation.


Its helping her too...and a few others.

[kittychick]

^NO THATS WRONG...I had to file for lagitimation to have any rights to my daughter....if I didnt I wouldnt have been able to do anything...such as get visitation for her...
whatever~ don't be so sensative (I said CAN)

This type of situation difficult for everyone involved; each parent and the child

I wish you luck with your little one coming soon Cav-E-R

[Nittanys1]

He CANT unless he does something about it....

[bdydrpdmazda]

so is the judge gonna tell me I owe money for the last 3 1/2 years since it wasnt court ordered and we werent together for any of it??

[Nittanys1]

no thats not what I said nor you asked....when the order is made your money that you have been paying isnt going to count for anything...

[Wurm]

Always use a fake name for one nighters hahaha

[Nittanys1]

i was waiting for one of ur useless posts... :D

[Wurm]

i was waiting for one of ur useless posts... :D
your welcome

[Nittanys1]

:bump: :cheers: :goodjob:

[bdydrpdmazda]

no thats not what I said nor you asked....when the order is made your money that you have been paying isnt going to count for anything...

I know you didnt say that and I know I didnt ask that, I was just wondering about it though since you didnt get credit for paying all the money you paid.