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Messages - trijr

#1
Dear Socrateaser / Unusual Child Suport problem
May 31, 2006, 10:11:55 PM
Dear Soc:

I am a 68 yr old retired widower who raised 2 children as a single parent. I was disabled with chronic severe migraines and unable to acquire a pension. I live on Social Security.

My 34-year-old daughter is disabled with a schizoaffective bipolar disorder. I became her legal guardian this year. She lives in a personal care home near us. She had a mental breakdown about 1999 and lived a homeless life in TX for about seven years until I was able to find her & return her to KY just last year.

I am legal guardian of her 16-year old son. His father was a MA visitor to NH. He was never married to my daughter. He never showed up to the paternity hearing and was named father by default. He was subpoenaed and appeared for a guardianship hearing in NH, at which time he relinquished guardianship to my daughter and myself.  

After his birth, employment relocated us to Kentucky at which time a filing was made for child support. KY was unsuccessful in locating him as he had left Massachusetts. I called his mother in Massachusetts for years, mostly leaving messages on her answering machine, to no avail.

Finally, when my grandson was ten years old, I received a call from his father. He was living in California and feared the consequences of their child support laws. His mother was pressuring him to do something peacefully before I found him.

He signed an agreement with me, out of court with no lawyers, to pay child support of $450.00 a month. He had married and now had another child. He pleaded with me not to force him to pay the $900.00 a month that he was liable for plus ten years back CS.

He clamed he was unable to pay that much and it would ruin his family's life. I felt sorry for him and agreed, feeling if I overburdened him I might not get anything anyway. They had another child. Now they have two.

Yesterday I called to ask him why he failed to pay the co-pay for six doctors visits and he told me his wife ran off with another man and is suing for divorce. He has bought another house and is paying child support to his separated wife at the beginning of each month. Now my grandson is receiving child support at the end of the month, too late to pay bills on time.

1. How can I assure that my grandson is included when CA calculates his father's CS obligation?

2. Do I need a court order for CS or will the signed agreement suffice?

3. Would I file in KY or CA?
 
4. Does being the first-born count for anything?

5. Is there any way I can get him to go back to paying the CS at the beginning of the month?

6. Do you have any suggestions for handling this situation?

Thank you for generous help. May God bless you.
trijr