The Faulstich Law Firm P.C.
130 S. Bemiston
Suite 604
Clayton, MO 63105
(314) 260-7823
The Faulstich Law Firm P.C.
130 S. Bemiston
Suite 604
Clayton, MO 63105
(314) 260-7823
The Faulstich Law Firm. St. Louis Family Law Attorneys.
My Blog
Posted on January 28, 2015 at 1:09 PM |
The answer to this question is going to depend on a few
things, but first and foremost, you need to respond within the timeline written
on your notice and request a hearing. First of all, do you believe you are the
father of the child? If not, then you will need to contest the paternity of the
child. This does not mean that you need to run out and do your own testing then
give that to the court. This is a bad idea for a few reasons: One, the test you
choose may not even be admissible to prove or disprove paternity so the court
will not even look at the results, and second, you might be wasting money if
the child turns out not to be yours. If the child is not your child, and you
work with FSD (Family Support Division) to get the correct test, you will not
be charged. Additionally, even if the child is your child, the test is likely
cheaper through FSD due to the fact that they contract with a laboratory for
testing just for this purpose and therefore can command better pricing. Now, what do you do if you know the child is yours? You can
acknowledge Paternity and not have to pay for the genetic testing. This is a
serious decision though, so if you are not 100% sure, this is a juncture at which
you should consult with an attorney so that you understand where you stand
after this acknowledgement from a legal standpoint. It is difficult and often
impossible to go back and get the money back that you paid into child support
if later on you find out the child is not yours. It is much easier to pay the
few hundred dollars for a paternity test if there is even a shadow of a doubt. If the child is yours, you will want to make sure that the
child support calculation has been done correctly. You will want to respond and
provide all the documentation that FSD asks for as far as income statements and
participate in any hearings that are scheduled. It is a thousand times better
to confront the payment situation from the beginning than it is later. First of
all, if the amount should be lower, you want to ensure that the child support
begins accumulating at that lower number from the start rather than the higher
number. If you do not contest the higher number within the timeframe your
letter states, you will be responsible for paying all that has accumulated
regardless of whether the number was correct or not. If you are confused or do
not know what the right amount is, consulting an attorney is important. A
single consultation will likely suffice to let you know if you are paying too
much or if you are not, and therefore if you will be successful in contesting
the calculated child support amount. IMPORTANT: Remember that this administrative child support
order is not a legal order with enforceable custody rights. You can only get
that by filing in the Circuit Courts. If you file in the Circuit Courts, the
administrative action will likely be stayed (a legal word for halted) because
the Circuit Court proceeding can deal with both support and custody, whereas the
administrative courts are only equipped to deal with the support portion of the
case. |
Categories: Child Support
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