IPay child support and health care for my child. He got into some trouble with some friends and lawyer fees are now involved his mother picked the lawyer and now wants to sue me for half of the fees. She does not let me have any say so in his life and makes poor judgments that got him in this mess. Am I obligated to pay this?
Law & Ethics - 9 Answers
Random Answers, Critics, Comments, Opinions :
1 :
Yes u are, its the law
2 :
I say no. Obligated no. I think as a father though, you may WANT to help yor son. That is up to you. Don't spoite your son cause your ex sucks.
3 :
Probably so. Because no matter what it's YOUR CHILD to0. But you should let the courts know she's not letting you be the Father you want to be & try to file for joint custody
4 :
well, do you have to pay? not unless it says so in your agreement, should you help your child out? yes. not because she said so, but because it is the right thing to do.
5 :
Not an expert or anything, but this might be one of those cases where you might have to pay half unless it can be proved that she directly caused the problems. Also why do you let his mother keep you out of your son's life? You do have rights especially since you do pay child support you should fight for your rights. If you think that if you were more involved with him this wouldn't have happened, then you should make the effort before something else happens.
6 :
If you don't have your own attorney then I would suggest you get one. Otherwise tell her to pound salt, set back and wait to see where she goes with it. If you are in compliance with the courts rulings on what you are suppose to pay your in the clear. Of course your obligation as a father my weigh more heavily on your heart.
7 :
Child support is set by the court, not a parent or guardian. You are only obligated if so directed by a judge. Until then, you can tell your ex to push off. You may also oppose in court any effort by her or her lawyer to increase child support, for this or any other reason. You have been given leverage here. Consider using it to benefit your child.
8 :
Only if the judge who adjudicated your divorce or one from a higher court orders it. The criminal court might (although I doubt it) try to order you to pay it. If it goes unpaid and is put into collections, the attorney may try to come after you for the balance, BUT as long as you did not sign any agreement to pay, and did not have any say in the choice of attorney, nor were given the opportunity to opt for a public defender, then you are not obligated to pay. You signed nothing, right? You agreed to nothing via telephone, right? If so, you are in the clear. Might sound harsh, but let them sort this out. Be supportive emotionally for your son, but let him (and Mom) take responsibility. We all have to fall down before we can learn to walk. Of course, I offer this not knowing the full story, so if there is more, I could be wrong: about the let him sort it our part, not the financial responsibility part.
9 :
Unless this is specifically stated in your original child support court orders, then I doubt that you are legally obligated to pay for half of the attorney's fees in his criminal proceedings. You may, however, find yourself legally liable in terms of civil litigation, whereas the third party is suing to recoup costs. This would be the case in a car accident, or other damage to property relating to criminal mischief... etc. If her attorney pursues this monetary issue relating to the legal fees, then you can counter file in family court for sole custody of your son - on the grounds that she is not equipped to adequately monitor the minor child, leading to criminal offenses. Do this ONLY if you are TOTALLY prepared to be the full-time Dad you know he needs now. Either way, if there is any way that you can spend more time with you son, do so now. This may be his cry for help, and need for a father's love and support emotionally. It can be hard to do, especially if you live far away - but really try. Winter break from school would be the ideal time to start. Good Luck!
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