Legal Question in Family Law in Oregon

A man'srights?

My fiance has ''allegedly'' gotten a girl pregnant before we met. (paternity test soon to come)

I have several questions regarding this situation.

1. How can we prove that she is lying about the income she reported on the papers served to him? (She told him she made 3K / month, when she only reported 1K).

2. Is he responsible for the child care ''after work''? (She told him that she can take the child to work with her, but yet included about $300.00 / month child care between the hours of 4pm-1130pm - for her partying or whatever)

3. Because the state claims that he is responsible for 85% of the expense of the child, can he claim the child as a dependent on his taxes? And does he have any decision making power in raising the child?

I am looking for a tough, aggressive attorney to help us figure a better plan of action and not take this lying down. This woman will basically double her income from this child support, and we will probably not be able to afford raising children of our own. How can the courts allow a woman to take so much from a man for sex, and leave him with so little for a family? Will you help me ''fight for what is right''?


Asked on 2/27/02, 4:14 am

1 Answer from Attorneys

Lawrence D. Gorin, Atty. Law Offices of Lawrence Gorin

Paternity and child support....

My fiance has ''allegedly'' gotten a girl pregnant before we met. (paternity test soon to come)

I have several questions regarding this situation.

1. How can we prove that she is lying about the income she reported on the papers served to him? (She told him she made 3K / month, when she only reported 1K).

ANSWER:

Serve her with a Request for Production of Documents. Then, after obtaining all of the records, perhaps take her Deposition and discover the basis for the claims she is asserting.

2. Is he responsible for the child care ''after work''?

ANSWER: NO. He is only liable for his share of work-related child care expenses.

3. Because the state claims that he is responsible for 85% of the expense of the child, can he claim the child as a dependent on his taxes?

ANSWER: Maybe. The state's determination as to the percentage is not controlling on the IRS. For detailed discussion about this particular question, go to:

http://www.dadsusa.com/tax.htm

4. Does he have any decision making power in raising the child?

ANSWER: Generally, no. The "power" is generally in the hands of the custodial parent.

5. I am looking for a tough, aggressive attorney to help us figure a better plan of action and not take this lying down.

This woman will basically double her income from this child support, and we will probably not be able to afford raising children of our own.

How can the courts allow a woman to take so much from a man for sex, and leave him with so little for a family?

ANSWER: The present posture of American laws dealing with child support permit this to be done. It is a very unfair situation. But unfair does not mean illegal, unfortunately. So until the laws are changed, we will continue to see results such as you are about to experience.

6. Will you help me ''fight for what is right''?

ANSWER: Don't know. Would need further information. (Such as the county in which the action is pending; whether it is a private case or a state case; something about the financial circumstances of the parties, etc.)

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Answered on 2/27/02, 1:59 pm


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