RE: Interesting debate over there .....
February 25, 2016 at 5:23 am
(This post was last modified: February 25, 2016 at 5:27 am by Thumpalumpacus.)
(February 24, 2016 at 9:57 pm)mh.brewer Wrote:(February 24, 2016 at 6:56 pm)Thumpalumpacus Wrote: Just wanted to say that if the father's name is on the birth certificate, he cannot back out or sign over any parenting responsibility. He will either have to raise the child directly or pay support. Only a prenatal agreement can absolve him of those responsibilities, and if the mother goes on any form of public assistance the State will attach his paycheck without regard to any private agreement.
This is how it works in California. Not sure about other states.
Does the father need to be there and agree/sign? Or agree/sign at some point?
What happens if he does not agree/sign and the mother wants financial support. The paternity test route?
If the father isn't actually there, then yes, they will complete a paternity test, in a contested case. The mother can provide the father's name for the birth certificate, but that is not supported unless the father signs for paternity on the form itself, or until a paternity test is completed.
(February 24, 2016 at 9:57 pm)mh.brewer Wrote: What if dad is total scum and mom wants a complete and total break and is willing to include no financial support in the break. Is he no longer obligated according to the state?
To my knowledge (which is incomplete, obviously), if the father is listed on the birth certificate or certified by a paternity test, and even if the mother stipulates no support, if she thereafter goes on state assistance, the father's wages will be attached. So far as I understand, the state is not enforcing the father supporting the child, but rather that the father is compensating the state.
Furthermore, that support can be changed by the state, without request from the mother, and without appeal from the father. My own support was modified about 370% in 2010 (from $70/mo to $260/mo, with no change in my 42% custody) despite his mother herself testifying that the previous support was fair and adequate. She had him five days per month more than I did, on average.