I think to be fair to him, you should at least ask for some support before taking him to CS court. If he’s willing to pay an agreed upon amoun each month, then let that be that. Be sure to get it in writing and notarized for the purpose to protect him and yourself. To me at least, it’s the honorable thing to do.
CS is a “rake you over the coals” type of thing with it comes to income and support obligation. There are many factors that it doesn’t take into account. From my perspective they need to revamp the whole system. Don’t get me wrong I think that people should pay to support their children, but it needs a little work.
Let me give you a little background on myself. When my husband and I met he had a 2 and 12 year old (boys) from2 different women and 2 different lifetimes. He was alread paying support for his oldest child and voluntarily paying support for his youngest child since birth (while they were together). Once these women got wind that he was seeing someone, they both ran to CS and manipulated the system to get what they wanted…more support.
The oldest son’s mom drives a 2006 volvo, will only shop at boutiques in Charlotte, but lives next door to the projects. Really and truly. Needless to say his financial accounts were levied for arrears that was accumulated for back support prior to the order being in place. However, they never took into account that he was on a regular payment schedule to pay the arrears and never missed a payment for support or arrears since the order in 2004. Even the Judge said his hands were tied because it was an NC statute. If it were up to him, he would have his account released and give him his money back. My husband’s attorney was even baffled by the whole thing.
The youngest son’s mother is the same age as I am (almost 30) and just refuses to flat out work. Well, she goes to CS to because she can get more $$$ out of him to the tune of $100 more dollars. After going through the whole process and talking with her agent. It was very upsetting to her Agent that she did this but because my husband was faithfully paying and she did this to get more $$$. She said she wished there were a statute that prevented this kind of thing from happening, but they are just there to do what the law says and that’s collect support, PERIOD.
On the brighter side, we actually won primary physical custody of my husband’s youngest child. Now she’s going to have to pay support in the same amount my husband was voluntarily paying to her.
So I say all of this to say, be fair to her dad and give him the opportunity to do the right thing and that’s support his daughter. If he refuses to do so, then take matters up with CS. But even in dealing with CS, you can always work out a deal and deviate from the order if both parties agree to do that. I’ve seen to where the non custodial parent agrees to pay for the child’s school lunch, half of extracuricular activities, and half of the drs/dentist bills. So you can work it any way you want to, but PLEASE, PLEASE don’t just look at the $$$ (not saying that you are), look at the bigger picture.