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View Full Version : never met child and he is sueing me? HELP California


pooh1942
11-24-2007, 10:37 PM
Ex-boyfriend is sueing me for Joint custody wants to change childs last name
to his and wants me to pay all his attorney fees. He has neer met child and
and child is 14months old. Just got Summons day before Thanksgiving.
I don't think I can fight Joint custody since he has no prior record or any problems. My concern is change of last name and me paying all attorney fees.
I am a single mother raising my child with my parents and I don't have money
to get a good lawyer like him. I plan to talk to a city facilitator for advice.
Someone please help me with this difficult challenge. What do I do?
What is the best way to proceed?:confused:

pooh1942
11-24-2007, 10:39 PM
Ex-boyfriend is sueing me for Joint custody wants to change childs last name
to his and wants me to pay all his attorney fees. He has neer met child and
and child is 14months old. Just got Summons day before Thanksgiving.
I don't think I can fight Joint custody since he has no prior record or any problems. My concern is change of last name and me paying all attorney fees.
I am a single mother raising my child with my parents and I don't have money
to get a good lawyer like him. I plan to talk to a city facilitator for advice.
Someone please help me with this difficult challenge. What do I do?
What is the best way to proceed?:confused:p.s. he disappeared
when I was 4 months pregnant.

cyjeff
11-25-2007, 05:52 AM
Get an attorney.

You won't pay his fees. He will pay child support and his own fees. He is trying to intimidate you into giving him what he wants.

A lawyer will stop that.

Oh, and he will owe back child support for the last 14 months.

When he goes to court, I hope he brings his checkbook. He will need it.

CourtClerk
11-25-2007, 08:36 PM
Get an attorney.

You won't pay his fees. He will pay child support and his own fees. He is trying to intimidate you into giving him what he wants.

A lawyer will stop that.

Oh, and he will owe back child support for the last 14 months.

When he goes to court, I hope he brings his checkbook. He will need it.

That is incorrect. He will not owe child support for the last 14 months, as child support is only due from the date of filing, so unless the OP filed for child support prior and the ex is in arrears, he only will owe from the time the petition is filed.

demartian
11-26-2007, 03:18 AM
He will be granted the last name change, there is no fight there.

He will probably start off with supervised visitation that gradually adds up to regular unsupervised visitation unless he is not found to be a fit parent.

I agree, he will only owe child support from the time that you filed for it. If you automatically filed for it when the baby was born, then he would owe that. If you haven't filed yet, make sure to file as soon as the offices open today.

mickeymouse5472
11-26-2007, 03:40 AM
You can hyphenate the name though, so he can have both your and father's last name.

cyjeff
11-26-2007, 04:54 AM
Thanks for the correction. I was under the belief that the father would be required to pay from the moment he knew he was the father.

My bad.

mommyof4
11-26-2007, 05:35 AM
Actaully, in CA, retroactive child support may be sought for up to 3 years of support before the date of application. 10% intrest rates may be assessed on any retroactive support, as well.

That said, unless the OP accepted AFDC or has a very good reason as to why she did not file, it is doubtful that any RA support would be ordered. This is assuming, of course, that when the child was born, she notified the father or that legal paternity was established. If it was not, then no RA support could be ordered, no matter what her reasons.

I just wanted to make the distinction between the legally allowable and the probable.

mom26
11-26-2007, 08:09 AM
Why hasn't he had contact with the child?

Spider64
11-27-2007, 05:43 AM
Not trying to hijack the thread but I do have a question about owing back CS. Is this a law in Indiana that one only owes CS from the date of filing? Thanks.

Dawn

MomofBoys
11-27-2007, 06:21 AM
The laws vary from state to state. Some have time limits, some from time of filing, some from the time the father was informed the child might be his. And all of it is up to the judge.

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