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Child Support


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#1 chaespapa

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Posted 11 December 2012 - 02:35 PM

I have multiple questions will try to make them short and to the point.

1. If child support for indiana was established in virginia court where I resided, under which states law for emancipation age am I bound by? I was never married to the mother, and the support has always been collected by the state of indiana.

2.I have been paying support for the last year for a child that unless I can be in two states at the same time I know that is not mine, I have found out over time that this person is friends with my ex, assuming this is how she got my information, I was never, well should say never recieved a subpeona to goto court, found out a court notice was supposedly mailed to me via first class mail. None the less was found the father by not being in court, I went to court for arrearages paid them and requested that a dna test be done and was told, to bad had my chance. that I was going to pay, this was in north carolina court, for a child that is in florida. Tried speaking with a few attorneys and was told it was a uphill battle, expensive, and a waste of my time..what can I do?

3.Today I just got a letter at my work from texas wanting to confirm my employment for support now this kid is already over the age of 18 and I have finished paying support and all arrearages off. My original support was in virginia. I called and was told this its standard procedure when a case is filed, my question is why would it be filed to start with?? Confused and frustrated.

#2 Ted_from_Texas

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Posted 11 December 2012 - 03:12 PM

1. The laws that apply are the laws of the state where the support order is issued. By "emancipation" I assume you mean the age at which you can stop paying child support. That would be the age of majority, unless the support order explicitly says otherwise. The age of majority is 18 in both Virginia and Indiana.

2. The answer to this depends on the timeline. How long ago were you adjudicated the father? Each state has a limited amount of time to contest paternity, after which DNA test results don't matter. I don't know what that time is for Virginia, but two years is typical and five years is the longest I've heard of.

3. This is very confusing. If the (now adult) child is in Florida, why is Texas even in the picture? Would you care to elaborate?

#3 chaespapa

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Posted 11 December 2012 - 03:42 PM

3. This is very confusing. If the (now adult) child is in Florida, why is Texas even in the picture? Would you care to elaborate?


The adult child is in texas. Original support was in virginia.

Have one in indiana, which should be 18 soon, One in Florida which doesn't belong to me, which will be 18 (2014) waited until 16 to come at be for support. One Texas that is over 18. Texas said the paperwork was filed this year in Nov. Child turned 18 in Feb of this year.

#4 pg1067

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Posted 12 December 2012 - 07:41 AM

If child support for indiana was established in virginia court where I resided, under which states law for emancipation age am I bound by?


I have no idea what this question means. What do you mean when you speak of establishing child support "for Indiana" "in [a] [V]irginia court"? Emancipation is a legal process by which a person who is a minor can have him or herself deemed to be a legal adult despite his/her minority. If your intent was to ask when child support will end, that depends first and foremost on the terms of the court's order. If the court's order is silent in this regard, and if the court that entered the order was in Virginia, then the support obligation will end as provided by Virginia law.


I have been paying support for the last year for a child that unless I can be in two states at the same time I know that is not mine


What you purport to know isn't relevant. If a court ordered you to pay child support, then the child's mother was able to establish in some way that you were the father. How exactly she did so and how long ago that happened isn't apparent from your post. By the way, I'm assuming this is a different child than the one you mentioned in your paragraph #1.


what can I do?


I'm sure you can do lots of things. What might be most appropriate depends on the relevant facts and circumstances, most of which don't appear in your post. Needless to say, you should speak with a family law attorney in the state where the support order was entered.


Today I just got a letter at my work from texas wanting to confirm my employment for support now this kid is already over the age of 18 and I have finished paying support and all arrearages off. My original support was in virginia. I called and was told this its standard procedure when a case is filed, my question is why would it be filed to start with?


You certainly do get around, don't you? That's at least the fifth state you've mentioned. In any event, you might want to re-read this because it is hopelessly unclear. I'm guessing this relates to the same issue mentioned in your paragraph #1 (but who knows since your follow up post says that you have three children -- does each of your three numbered paragraphs relate to a different child?). So what I can discern is that, at some point, a court in Virginia ordered you to pay child support. You apparently failed to pay everything as ordere and built up arrearages that you paid off. You also appear to believe that the support obligation was terminated, but it's not clear whether that's correct. The child for whom you were paying support is now over 18, and you received a letter from some unknown person or entity wanting to confirm your employment for child support purposes. You then called some unknown person or entity and asked some unknown question and the only piece of information you received was that "this [is] standard procedure." So, now, what exactly is your question?

#5 Guest_FindLaw_Amir_*

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Posted 12 December 2012 - 10:42 AM

What would you like done about this matter?




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