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Support needed

post #1 of 6
Thread Starter 
I guess I'm just looking for some encouragement here. My son's father and I never set a formal CS order and he has not yet acknowledged paternity. He has told me that he didn't want to acknowledge paternity until the other boys were adults (the youngest is 17) but I think he also just wanted to do it at his own pace and in his own time (he has said that he feels I am trying to control this and that it is between him and our son.)

So...in February I was hit with an unexpected increase in daycare and health insurance. I contacted him to discuss a corresponding increase in child support which still wouldn't bring him to the level the courts would allow and he accused me of not keeping my word in sticking to our agreement. (I know this seems wordy; bear with me.) He stopped calling or taking our calls at that time and his last email (at that time) said he had the ultimate solution.

My son misses his father dearly so I contacted him again and told him so. I received an email telling me that he is pursuing paternity through the courts and it will be a state-to-state action.

I emailed back:

I'm glad you have decided to do so! Thank you very much for taking care of this. I hope we can continue to co-parent him as well as we were doing prior to the break. Even if we cannot, I still feel it is the correct and right thing for all concerned. You are his father and should be a part of his life.

As I have mentioned in both the emails and phone calls, he misses you dearly and doesn't understand why you are not calling him anymore. I have told him that you are angry with me and that it has naught to do with him; I also reassured him that you love him very much. You are his hero, M, and he adores you.



I'm having second thoughts and want reassurance that I am doing the right thing. Since his conception, I have tried to foster a good relationship between my son and his father. For the first couple of years, he wouldn't talk to me at all (he thinks I got pregnant on purpose though I did not.) He finally met our son just before his second birthday. For a while, he tried to stay involved through phone calls and emails with annual visits (he comes here at Christmas for four or five days.) He lives in WV; we live in MA.

I think it is the right thing to do. I think he should be involved in his son's life as he is his father. He is a decent father when he is here and I usually go to work as much as possible so they can spend that time together without me.

I apologize for my rambling and thank you for reading this far.
post #2 of 6
I may have missed it, but how old is your son? As your son's legal guardian anything between him and "his son" would by necessity directly involve you.

That aside, I think that you are a great mother for trying to keep a relationship between them across state lines. I know how hard that is even when everyone is in the same state! But I also think that you should go get legal advice. I wouldn't sit back and wait for legal documents to come in the mail. I would get a lawyer and see what their take on the situation is. I don't know about your state, but in New York Child Support and Visitation are separate issues entirely. Is he pursuing paternity (with a claim that you are refusing visitation) to get custody and therefore not have to pay child support? Or is he establishing paternity to go for a legally set child support amount?

Be sure to document that you are trying to maintain a relationship between the child and his father, but the father is withholding contact.

Save all of your e-mails, and good luck!
post #3 of 6
Quote:
Originally Posted by Amanda L View Post
Be sure to document that you are trying to maintain a relationship between the child and his father, but the father is withholding contact.

Save all of your e-mails, and good luck!
post #4 of 6
You were pretty vague with details but i would be willing to bet he never did a thing in regards to a paternity action/child support. He is biding time so he can get away with not visiting and paying support. If you need the child support and he isn't paying his share then screw your verbal agreement and go file yourself.
post #5 of 6
Quote:
Originally Posted by Avani View Post
You were pretty vague with details but i would be willing to bet he never did a thing in regards to a paternity action/child support. He is biding time so he can get away with not visiting and paying support. If you need the child support and he isn't paying his share then screw your verbal agreement and go file yourself.
If you haven't been served with any papers you need to go file for yourself.
post #6 of 6
Thread Starter 
Quote:
Originally Posted by Amanda L View Post
I may have missed it, but how old is your son?...

...Or is he establishing paternity to go for a legally set child support amount?...

...Be sure to document that you are trying to maintain a relationship between the child and his father, but the father is withholding contact.

Save all of your e-mails, and good luck!
Thanks for the support; I am trying to do the right thing for my son...sigh... My DS is four and his father is paying child support as we agreed; he just freaked when I asked about a potential increase due to increases in DS' expenses. I think his dad is probably establishing paternity to have a legally set child support amount. I base this also on comments he's made in the past regarding his ex-wife and their kids.

I am saving his emails and send emails to follow-up when we do discuss something like visitation, CS, etc. I try to always be polite and courteous in my emails to him. Our agreement is not a verbal one; we hashed it out verbally and via email. I have the final agreement in an email.

I have not yet been served and it is entirely possible he is stalling to buy time. I think he should establish paternity and have told him so numerous times; I have sent the paperwork to him several times and he has not completed it due to his older boys (or so he told me.)

I guess one of my biggest issues is that, though he isn't paying what the court would set, he is still paying a significant sum. I feel guilty asking him for more but...DS' expenses increased and I am essentially on my own with him (new job due to layoff, new area, no real support network). Part of this feeling comes from his accusation that I am being avaricious when I am only asking for the amount the court would set. He feels as if I am sponging off of him via our son, though I have a good job of my own and am taking care of our son on my own.

Again, thanks if you made it this far; sorry about the rambling and many thanks for the support.
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