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Child Support, Custody, and New Baby's Last Name Kentucky

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  • Child Support, Custody, and New Baby's Last Name Kentucky

    My husband married a teenager when he was 23 after she got pregnant. When the child was three, the child's mother dropped the little boy off at the father's workplace (a county jail where he worked as a deputy jailer) along with a diaper bag stating that she no longer wanted him or loved him and the father could have him; she wanted a divorce. During the divorce, the father of child was told that without sufficient evidence of abuse or neglect, the father could not be granted sole custody, so joint custody was assigned with the father being the primary caregiver and the mother having visitation. She exercised her legal right to keep her married last name. In addition, the mother was to pay a bare minimum of child support ($60.00 per month) to be reviewed after two years.
    When the child was six, his father remarried (to me) and we have since had two daughters.
    Two years following the end of the his divorce, the father was notified that his child support case was up for review. At that time, the mother had failed to pay a total of $600. That's 10 months worth of child support. The court ruled that the mother would be obligated to pay $180 per month, plus $3 per month for the arrearages, all of which would be garnished from her wages. The mother's way of escaping these payments was to change jobs, addresses, and not reveal to new employers that her wages were to be garnished. HOWEVER, she was unable to hide from the IRS, which takes any and all tax refunds and applies them to back child support. As of today, she owes somewhere in the neighborhood of $3,000 in arrearages. Normally, that would be more than enough for a felony conviction accompanied by jail time.
    BUT, the mother was pregnant (and unmarried) at the time of her last court date and the father of the now 9-year-old had pity on her and chose not to have her arrested. Instead, he agreed to give her 90 days to make some sort of effort to pay.
    She has since given birth, six weeks early, to a baby girl that has a SERIOUS drug addiction. No effort was made to pay any child support for her first child.
    *We make every effort to create a positive attitude about this woman to my step-son. We provide a loving, Christian home for him and our two daughters (whom he loves). However, we answer him honestly when he asks questions about his mother's actions.*
    Our questions include the following:
    Can she legally give the new baby HER legal last name (my husband's last name)?
    Since the new baby has such a serious addiction, can that information be used as evidence for her to lose custody of the oldest child?
    If the baby is not taken away from her (and it most likely won't) what happens to the baby if the mother is charged and convicted of the felony non-support?
    Any and all help is very much appreciated.

  • #2
    Originally posted by MamaMo View Post
    My husband married a teenager when he was 23 after she got pregnant. When the child was three, the child's mother dropped the little boy off at the father's workplace (a county jail where he worked as a deputy jailer) along with a diaper bag stating that she no longer wanted him or loved him and the father could have him; she wanted a divorce. During the divorce, the father of child was told that without sufficient evidence of abuse or neglect, the father could not be granted sole custody, so joint custody was assigned with the father being the primary caregiver and the mother having visitation. She exercised her legal right to keep her married last name. In addition, the mother was to pay a bare minimum of child support ($60.00 per month) to be reviewed after two years.
    When the child was six, his father remarried (to me) and we have since had two daughters.
    Two years following the end of the his divorce, the father was notified that his child support case was up for review. At that time, the mother had failed to pay a total of $600. That's 10 months worth of child support. The court ruled that the mother would be obligated to pay $180 per month, plus $3 per month for the arrearages, all of which would be garnished from her wages. The mother's way of escaping these payments was to change jobs, addresses, and not reveal to new employers that her wages were to be garnished. HOWEVER, she was unable to hide from the IRS, which takes any and all tax refunds and applies them to back child support. As of today, she owes somewhere in the neighborhood of $3,000 in arrearages. Normally, that would be more than enough for a felony conviction accompanied by jail time.
    BUT, the mother was pregnant (and unmarried) at the time of her last court date and the father of the now 9-year-old had pity on her and chose not to have her arrested. Instead, he agreed to give her 90 days to make some sort of effort to pay.
    She has since given birth, six weeks early, to a baby girl that has a SERIOUS drug addiction. No effort was made to pay any child support for her first child.
    *We make every effort to create a positive attitude about this woman to my step-son. We provide a loving, Christian home for him and our two daughters (whom he loves). However, we answer him honestly when he asks questions about his mother's actions.*
    Our questions include the following:
    Can she legally give the new baby HER legal last name (my husband's last name)?
    Since the new baby has such a serious addiction, can that information be used as evidence for her to lose custody of the oldest child?
    If the baby is not taken away from her (and it most likely won't) what happens to the baby if the mother is charged and convicted of the felony non-support?
    Any and all help is very much appreciated.
    Yes, she can legally give her baby her legal last name.

    I doubt if that info can be used in a prior custody case, however your husband should get a consult to make sure.

    IF the mother were incarcerated for felony non support, the new baby would either be given to the father, or would be placed in foster care.

    Comment


    • #3
      Your answers were spot-on. Thanks so much.

      Comment

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