I Feel The Non Custodial Father Has No Rights

by ladd
(kansas city, MO, clay)

I am the father of a five year old boy. I have paid child support court mandated since his birth as well as his health insurance. I have offered to be the sole custodial parent, but she has refused. His mother has two other boys both from different fathers so she is receiving three separate child support amounts. Previously she has been living off government housing and food stamps. She will not allow me to claim him on taxes either. She works part time and is always asking me for more money. She has him in preschool full time and says I am responsible for half. She says I am responsible for half of his medical and dental expenses as well, but the court order said I only have to have him under my health plan. Yet I can't even claim him on taxes or a FAFSA for school aid. She threatens to revise child support if I do not give her more money and since she does not work I fear I will have to pay more.

And it seems that this will last until college and even then are we responsible for paying his tuition when I have planned on making each of my children work when they are able to pay for these expenses. Even though she has recently married I have heard they do not calculate his income so it would appear like her and her sons' "rent" and living expenses are all coming from her income, when they are not. My wife and I have two other children together and she would like to be able to go back to school and stay home with our other kids but we cannot afford to. What are my rights and why does it seem like the father is treated so unfairly when it comes to dividing the income? How can you find out what child support is based on without having to go to court? Does the mother accept no responsibility for keeping the child?

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You Do Have Many Rights
by: Child Support America Team Member

Hello Ladd,

Thanks for contacting us, and thanks for taking care of your responsibilities. As a non-custodial father you do have rights. Unfortunately you have to go to court to gain those rights if it wasn’t ordered in a divorce hearing. For example: you have the right to claim your son every other year on your taxes, but you will need to have a judge order it.

Also if you have two other children, it might be in your best interest to request a modification. Those two other children are deductions, and child support can be modified based on that. If you need legal help check out our VIP memberships page on your left. Again, there are rights for the NCP. You just have to make the effort to obtain those rights.


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