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Old 10-17-2014, 06:01 PM   #1
auralia
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First off this isn't for me. I help my 19 year old neighbor a lot since her mom died. She lives in her dads house (he lives with his girlfriend) rent free and he also pays utilities. Her boyfriend (baby daddy) left her recently and now she needs to go for child support. I have no idea how she is supposed to do this? Does she need a lawyer? She is food stamp eligible and the baby is on Medicaid (well he is 15 months actually). She doesn't work, let's not get into this she said she won't send the baby to daycare I can't make her. I can help her with getting her to court dates for child support etc. but I don't even know where to start. She lives in Georgia and daddy is from South Carolina (we are right on the state line). He has a pretty decent job making 20 or so an hour after taxes (since he doesn't even have a high school diploma I would call it very good pay.) What does she have to do? Do you file online, go to the court house? Make an appointment? He has her car right now (that actually belonged to her deceased mom) so she can't get anywhere. Her dad pays the insurance on it. The boy will hopefully return it within the week or it becomes a theft issue I imagine. She doesn't want to press any charges against him because then he would lose the job and she wouldn't have any support from him. Thanks for any info.
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Old 10-17-2014, 06:13 PM   #2
tomthebarncat
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Paternity

I am not a lawyer but a former social worker, first is his name on the birth certificate? if not she has to prove paternity and get him to take a DNA test and pay for it. If his name in on the birth certificate, she should call social services and ask them, child support is court ordered. She will need to go to court to do this. Also, since he lives and works in another state she will need to go through that state to get the money. It is complicated but can be done, at will take at least 6 months to a year. If she gets it, he will be responsible for back child support. If the guy is a loser, he very well might disappear or quit his job so he doesn't have to pay. Social services is the first step!! As for the car, I would tell dad since he is responsible for it if anything happens to it. This sounds like a mess!! Babies having babies is always a disaster!
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Old 10-17-2014, 06:16 PM   #3
auralia
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He is on the birth certificate. They had a verbal agreement but that lasted all of a week and a half before he reneged on it. She is applying for food stamps because he stopped helping her. She qualified previously so I imagine she would again.
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Old 10-17-2014, 06:18 PM   #4
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So does she go to georgia social services or South Carolina?
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Old 10-17-2014, 06:21 PM   #5
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Originally Posted by auralia View Post
He is on the birth certificate. They had a verbal agreement but that lasted all of a week and a half before he reneged on it. She is applying for food stamps because he stopped helping her. She qualified previously so I imagine she would again.
When she applies for food stamps, they'll make her go through the process to get child support. At least in most states, that's the law. You can't get state/welfare support without first pursuing the father for support. They should help with the process.
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Old 10-17-2014, 06:46 PM   #6
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So does she go to georgia social services or South Carolina?
According to this Georgia Government site, if she knows his address she should begin the process listed on the website. As mentioned, enforcing a child support order on a non-resident is difficult so she needs to get started and be patient and persistent.

http://dcss.dhs.georgia.gov/child-support-process

There is also a section on that website that gives a bit of information regarding Interstate Cases.

http://dcss.dhs.georgia.gov/intergovernmental-cases

In addition to the above link, I would suggest you contact a local United Way or other charitable organization in your area who can help her find legal aid assistance.
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Old 10-17-2014, 07:15 PM   #7
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According to this Georgia Government site, if she knows his address she should begin the process listed on the website. As mentioned, enforcing a child support order on a non-resident is difficult so she needs to get started and be patient and persistent. http://dcss.dhs.georgia.gov/child-support-process There is also a section on that website that gives a bit of information regarding Interstate Cases. http://dcss.dhs.georgia.gov/intergovernmental-cases In addition to the above link, I would suggest you contact a local United Way or other charitable organization in your area who can help her find legal aid assistance.
gave her these links tbks
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Old 10-17-2014, 07:37 PM   #8
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If she's receiving food stamps they'll help her get child support. Be aware that they'll also take a portion if it to help pay back the amount they give her. In illinois my ex was ordered to pay $500 a month and they helped recover it, but since we had food stamps and medical card (disabled child and one with cancer at the time) we only received $50 a month . This is the max anyone was able to recieve and still get services. It worked out well for us because cancer is expensive.
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Old 10-17-2014, 10:02 PM   #9
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Her worker will help her, or she can go to the county in which she and the child live to file herself. If he's on the birth certificate the process should be fairly straightforward and she shouldn't need legal representation.
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Old 10-18-2014, 06:57 AM   #10
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If she's receiving food stamps they'll help her get child support. Be aware that they'll also take a portion if it to help pay back the amount they give her. In illinois my ex was ordered to pay $500 a month and they helped recover it, but since we had food stamps and medical card (disabled child and one with cancer at the time) we only received $50 a month . This is the max anyone was able to recieve and still get services. It worked out well for us because cancer is expensive.
when I worked for social services that $50 was called a 'child support disregard'. no matter how little the absent parent paid-that amount up to the first $50 always went to the parent with the kiddo.

Georgia state social services is her best first contact. in most states applying for any type of financial assistance is conditional upon pursuing any other forms of income potentially available which includes child support. every state (and in some states it differs county to county) differs on how they operate, but for the most part an application triggers a referral to child support enforcement and collections (in my old county that was a division of the district attorney's office), and that division handles everything-including paternity establishment (all at no cost to the aid recipient). those divisions look to anything a child might be eligible to in a support order-including health insurance which some absent parents don't think/want to add their kids to.

suggest she call social services before applying on line-she/baby may be eligible to more programs than just food stamps and Medicaid that could help her out-there's WIC and straight forward cash assistance to start with, as well as education and training programs that she might benefit from down the line (in many states a person receiving state assistance can get full waivers from paying for post high school classes-so even if it's parenting classes at the local community college it can be beneficial).
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Old 10-18-2014, 10:11 AM   #11
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.......He has her car right now (that actually belonged to her diseased mom) so she can't get anywhere. Her dad pays the insurance on it. The boy will hopefully return it within the week or it becomes a theft issue I imagine. She doesn't want to press any charges against him because then he would lose the job and she wouldn't have any support from him. Thanks for any info.


I think you mean deceased. You have to love autocorrect!
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Old 10-18-2014, 01:18 PM   #12
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Because his name is on the birth certificate she also has to file for custody. I am originally from SC and that is where my kids were born and I was divorced. I had a friend who had a child in SC and the baby dad was from GA. After they broke up he asked to take the kid to the park for a few hours. He did not return at the stated time so she called the cops. Turns out he went back to Georgia with the kid to visit his grandma. The first thing the cops asked was for her custody papers since his name was on the birth certificate. The were never married but by putting his name on the birth certificate gives both parents equal rights and equal custody. She had to go to court to file for custody before they could force him to return the child.

If the mom lives in Georgia she will have to file in Georgia. Just so you know, SC has a program called Aide to Families with Dependent Children (AFDC). AFDC is for lower income families who are also on other public assistance. AFDC provides the custodial parent with a check in-place of child support. AFDC then goes after the non-custodial parent for child support. AFDC cuts the custodial parent a monthly check even if the non-custodial does not pay.

South Carolina also has a new hire program where new employers has to check to see if an employee is behind in child support. If they are so far behind they will garnish their wages. I still get child support checks from my ex even though my kids with him are 22 and 20 because he was so far behind and always got paid under the table. Now that he has a legit job that did the new hire program they garnish his wages and are sending me the back support payments until it is paid off (for as long as he is employed with them). The IRS also withholds his tax refund because he is behind in child support and sends me his portion. He is remarried so his spouse files an injured spouse form so it takes about six months after they file before they determine his new spouse's portion and his portion. Their first year married they did not know to file the injured spouse form and they got a huge check of earned income credit that went to me! They were pissed! Now they file the injured spouse form each year.
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Old 10-18-2014, 02:13 PM   #13
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Just because his name is on the birth certificate doesn't mean anything. She will need to have the child legitimized with the court. If he denies the child is his a paternity test will be done. If the child is his he will pay the cost of the test. If it's not she will need to pay for the test. Let's hope he's a stand up guy so she doesn't have to go through this.

To get child support after the legitimation is done she can go through the Georgia Department of Child Services. I'm not sure if they will handle the legitimation or not but I would contact them. They will open a case for her I believe the fee is 25.00 but with her on assistance they may wave that fee.

If you have any other questions please message me. I have first hand experience with this situation.
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Old 10-18-2014, 04:11 PM   #14
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Just because his name is on the birth certificate doesn't mean anything. She will need to have the child legitimized with the court. If he denies the child is his a paternity test will be done. If the child is his he will pay the cost of the test. If it's not she will need to pay for the test. Let's hope he's a stand up guy so she doesn't have to go through this.

To get child support after the legitimation is done she can go through the Georgia Department of Child Services. I'm not sure if they will handle the legitimation or not but I would contact them. They will open a case for her I believe the fee is 25.00 but with her on assistance they may wave that fee.

If you have any other questions please message me. I have first hand experience with this situation.
does the Child services department request an order to garnish his state and federal tax returns????? or just his paycheck??

Ohio does these things if it is requested.
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Old 10-18-2014, 04:30 PM   #15
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does the Child services department request an order to garnish his state and federal tax returns????? or just his paycheck?? Ohio does these things if it is requested.
They will garnish his wages and tax returns but an order needs to be in place first. Garnishing his tax return is a last resort for them. They suspend the drivers license first.
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