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What would be the advantage?

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  • What would be the advantage?

    So, I met this gal "Mary". Mary is single, and has a 15 year old son. She never married the boys father, (he also has never married). Mary's friends from work are pushing her to get child support regulated through the court and she asked my opinion. I told her I wouldn't, based on her story. Here is her story.

    Mary got preg in high school. The parents on both sides were very unhappy and there was a lot of finger pointing, one reason they never married. But, the father does and always has paid for the following: 1/2 of daycare, he pays the school directly for the boys lunches. He takes the boy every weekend, and buys him clothes and shoes. She told me she has not had to buy the boy any clothing in years--the dad does it. Dad also pays for summer camps, yearbooks and bought the boys letter jacket and just ordered his class ring for him. He also sends food to her house--such as fruit baskets or meat from Omaha steak co. Last winter he paid for the propane to heat her house. He takes the boy on vacation and business trips if school is out. Twice he has also taken her on a business trip and paid for her hotel room as well--he had meetings during the day but didn't want to leave the boy alone-by the way this was in Hawaii. He has also provided medical, dental, and vision insurance for the boy the last 12 years. He has a college fund for the boy with all 3 names on the account. He comes to the boys football and basket ball games, and is in regular contact with the teachers at school. He also bought his band instrument for him. He also every few months gives her gift cards for Walmart incase the boy "needs" something. She usually uses it for gasoline or her household shopping.

    He is working with the boy giving him driving lessons and has asked Mary if she wants him to have a car at age 16 or to wait--and if so, what type of car would she want the boy to have. So, she is under the impression he will most likely provide the car and its insurance. Dad makes 6 figures, she makes around $49,000, but is not lacking for anything because of the boys dad.

    I say leave it as it is--why rock the boat now. Besides, the court could order him to pay much less than what she is getting now.

    Any legal advantages to going through the court? Oh-by the way, the boys college fund has over 20 grand in it.

  • #2
    Huh? (I'd say - why rock the boat???)

    Though it is possibly true that she would come out further ahead if child support was given all along - the thing is - the kid is 15. It seems a little late for this discussion. Child support ends at age 19.

    I find it rather refreshing that they have seemed to work it out, outside the court system.

    Unless I am missing something, to ask for child support would seem to be a very selfish move. I mean, does this child really need his parents to start fighting about money - at this stage??? He should be pretty self sufficient soon enough, anyway.

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    • #3
      Why bother, it seems like it'd soon be over, with the amount of time they'd spend in court.

      Don't do it. Just ask for more for the college fund, although it seems like the dad will pay anyway.
      LivingAlmostLarge Blog

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      • #4
        I agree. He also has told her that if she wants to go back to school, he will pay it, since she missed college due to his child.

        Personally I think they are both still in love with each other and afraid to admit it.

        He also helps her out when she trades vehicles--says he wants her to have a good running vehicle since his child will be in it.

        Basically she pays her mortgage and part of the utilities and part of the food. He is taking care of about everything else.

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        • #5
          I agree, don't seek child support. They have worked it out just fine on their own. If she feels she's lacking for money, I'd say she should seek out education and take him up on the offer, if she feels comfortable.
          My other blog is Your Organized Friend.

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          • #6
            If, as you say, they are still in love with each other, how sad that they have hidden it for 15 years!

            Anyway, I agree. Leave it as is. If he ever stops, she can always go to court, but damn, what else could she possibly want a court to provide for her?

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            • #7
              I would also agree to leave it as is. Why mess with something that isn't broken? I'm sure the mother is okay w/ the situation seeing that the father is very present in the son's life. If a court intervenes, it could make for a sticky situation and ruin their good relationship.

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              • #8
                Seems that he is more involved in the child's life growing up then some fathers married to the mother. And has provided very well for him without arm twisting.

                Seems he goes out of his way to let the mother know that he will always provide for his child and his child's mother. AND he asks her opinion about big decisions such as a car. How refreshing is that? I think he is doing a great job not only as a father but respecting her role as the mother of his child. I have to say it sounds like he treats them both better than some husbands out there.

                Of course, this may all change if he finds someone else to marry that doesn't feel the same way that he does. HOWEVER, the child is already 15 and won't need Dad's support soon. Also, if a man is mature enough to take care of his child and the mother of that child so responsibly for so many years without the coercion of the courts, I don't think he will change his nature so easily if he married. At least, I hope he won't.

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                • #9
                  even if child support would be a bigger asset to mother, isn't it about what's best for the child?

                  The son does not have animosity towards either parent
                  if this woman files for child support, she ought to get jailed for something...

                  her son has a good life in what could have been a disastrous situation... this could be much much worse and much much more dysfunctional than the way the situation was portrayed here.

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                  • #10
                    I'd echo the above comments.

                    But sometimes a lawyer will say they could get support retroactively going all the way back. That could be a big number. I'm sure she's had alot of pressure from her family to "make him pay".

                    Depending on the state, he may have alot of exposure here. They really should have a written agreement in place. But doing that now opens a can of worms, so to speak.

                    In the end, she should just be grateful he stuck around and is doing as much as he is doing.

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                    • #11
                      I have been told "throgh the grapevine", that he has asked the boy to a movie and dinner this weekend--the boy can't go, so he has asked her to go instead--kind of a date. I can't wait to see how this turns out. He has never ever dated anyone else (that we know of) since high school.

                      He also got her a new clothes washer & dryer for Christmas--because the son mentioned the old set she had was starting to cause some laundry issues.

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