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Thread: Alaska: Palin Daughter Seeks Child Support

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    Re: Alaska: Palin Daughter Seeks Child Support

    Quote Originally Posted by Vader View Post
    You were wrong on ALL points.

    Sarah Palin needs to be removed from the equation and told to shut her hole.

    If Bristol doesn't want Levi to have parental rights, she cannot ask him to take responsibility either. She cannot have both ways.

    Levi is suing the Palin's ass off and is going to win his case. The Palins are arguing that Levi Johnson is unfit based on activities he has done that violate THEIR moral code. Nothing more.

    It's a bull**** argument that will fail miserably in court. Levi has done nothing illegal and cannot legally be judged as "unfit"; therefore, he will get 50/50 custody and the first time the Palin's fail to adhere they (Bristol) and propbly Sarah Palin will be serving time for contempt of court.

    Don't like it? Too damn bad. That is how the law works. Levi's rights where Tripp is concerned trump Sarah Palin's.
    Right, just like the kid who was going to sue the pants off the Christian school for not letting him graduate for going to prom.

    So far you are 0 and 1 with me. I am willing to bet in a few months you will be 0 and 2 on court cases with me.

    Thats cool, I did not even have to go to law school for six years.

    You have a good night!
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    Re: Alaska: Palin Daughter Seeks Child Support

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    Re: Alaska: Palin Daughter Seeks Child Support

    Quote Originally Posted by Vader View Post
    To start with, were not talking about FULL CUSTODY; We're talking about SOLE CUSTODY. These are two very diffrent things.

    Moreover, civil Law 90.3 only covers how child support is calculated. It does not cover situations wherin one parent has sole custody and refuses visitaton or joint custody.

    Levi is currently suing the Palins over this issue.

    I say we save further debate until the conclusion of thosep proceedings.

    What say you?
    You're the one confusing the two, which is where the problem is coming from.

    If Bristol didn't know Levi at all and decided to adopt his child, she would have full and sole legal custody. He would not owe her anything for the child's upbringing. However, because they had the child together, this is not the case. The moment the child is born, they both have joint responsibility for the child's expenses. Regardless of who is the primary custodial parent, each side is expected to contribute.

    Whether or not Bristol is complying with whatever visitation order they have (if they have one) is entirely unrelated to Levi's support. I've seen a half dozen deadbeat dads try the "Your honor, she doesn't let me see him so why should I pay child support" argument. I've even seen the "Your honor, I don't even want to see him - can I just give her full custody and then not pay?" argument. They all lose.

    Until the kid is 18, both sides are paying for it.
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    Re: Alaska: Palin Daughter Seeks Child Support

    Quote Originally Posted by RightinNYC View Post
    You're the one confusing the two, which is where the problem is coming from.

    If Bristol didn't know Levi at all and decided to adopt his child, she would have full and sole legal custody. He would not owe her anything for the child's upbringing. However, because they had the child together, this is not the case. The moment the child is born, they both have joint responsibility for the child's expenses. Regardless of who is the primary custodial parent, each side is expected to contribute.

    Whether or not Bristol is complying with whatever visitation order they have (if they have one) is entirely unrelated to Levi's support. I've seen a half dozen deadbeat dads try the "Your honor, she doesn't let me see him so why should I pay child support" argument. I've even seen the "Your honor, I don't even want to see him - can I just give her full custody and then not pay?" argument. They all lose.

    Until the kid is 18, both sides are paying for it.
    Okay, so I have a question. If remitting child support and providing visitation aren't a quid pro quo, how does one enforce visitation rights?

    A couple of other questions--just out of curiousity. If there isn't a legally binding agreement in place, Levi doesn't owe anything yet (though he may be required to pay something based on previous income), isn't that right? If they had a private agreement that he would pay X and she would bring the baby for him to see, seems like he's acted with perfect reason until such time as a court lays down requirements for both of them.

    Since his income in 2009 was pretty much a windfall, can't the court require him to pay a large amount for that year and then a smaller amount based on his expected income for 2010 and beyond?

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    Re: Alaska: Palin Daughter Seeks Child Support

    Quote Originally Posted by RightinNYC View Post
    You're the one confusing the two, which is where the problem is coming from.

    If Bristol didn't know Levi at all and decided to adopt his child, she would have full and sole legal custody. He would not owe her anything for the child's upbringing. However, because they had the child together, this is not the case. The moment the child is born, they both have joint responsibility for the child's expenses. Regardless of who is the primary custodial parent, each side is expected to contribute.

    Whether or not Bristol is complying with whatever visitation order they have (if they have one) is entirely unrelated to Levi's support. I've seen a half dozen deadbeat dads try the "Your honor, she doesn't let me see him so why should I pay child support" argument. I've even seen the "Your honor, I don't even want to see him - can I just give her full custody and then not pay?" argument. They all lose.

    Until the kid is 18, both sides are paying for it.
    Now I know you've been in a courtroom. I do not know if you're a lawyer or not but I see you point.

    Bristol needs to give some to get some. There is ample evidence that Levi has made attempts to give her money on a number of occasions and Bristol, who was asked to bring his son with her, has failed to show up.

    Since Levi has no custody and Bristol clearly, based on her mothers reiche-wing code of ethics, doesn't believe Levi should have custody; I do not see how granting her an obnoxious amount of support can be done in good conscience.

    The Palins are very much trying to deny Levi Johnson the rights to which a biological parent is entitled. This is the same as Bristol having sole custody of the child.

    Therefore, she is not entitled to support.

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    Re: Alaska: Palin Daughter Seeks Child Support

    Quote Originally Posted by Rassales View Post
    Okay, so I have a question. If remitting child support and providing visitation aren't a quid pro quo, how does one enforce visitation rights?

    A couple of other questions--just out of curiousity. If there isn't a legally binding agreement in place, Levi doesn't owe anything yet (though he may be required to pay something based on previous income), isn't that right? If they had a private agreement that he would pay X and she would bring the baby for him to see, seems like he's acted with perfect reason until such time as a court lays down requirements for both of them.

    Since his income in 2009 was pretty much a windfall, can't the court require him to pay a large amount for that year and then a smaller amount based on his expected income for 2010 and beyond?
    This is a legal gray area. If the judge hearing the case is a liberal, then its likely the hearing will be fairer. Since there was no official order of support, or custody order, Levi may well have been paying a set sum each month.

    If this is the case, Levi has been doing as he agreed. This certainly would make it appear as though the Palins are playing dirty pool.

    In fact, based on what little evidence I have been able to find, I believe this is likely to be the case.

    On the other hand, if the judge is a reich-wing morals nazi, Levi is likely to get screwed like a two dollar hooker. If he's smart, he would appeal such a judgment (which in family court just means another hearing in front of a different judge).

    Did I answer your question?

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    Re: Alaska: Palin Daughter Seeks Child Support

    Quote Originally Posted by Vader View Post
    This is a legal gray area.
    Something tells me that, considering these sorts of battles go on between estranged parents all the time in cases that get no media attention at all, there are precedents, formulas, and procedures in place that would reduce (though not eliminate) the discretion of the judge.
    Did I answer your question?
    I'm asking anyone with experience of family law what are the customs and procedures in this area. That said, I would respond, with respect, that a less partisan response is in order.

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    Re: Alaska: Palin Daughter Seeks Child Support

    Quote Originally Posted by Rassales View Post
    Okay, so I have a question. If remitting child support and providing visitation aren't a quid pro quo, how does one enforce visitation rights?
    (I am not an attorney, none of this constitutes legal advice, and the rules may be different depending on the state. Don't rely on any of this to do anything. Contact an attorney in your state if you have questions beyond a general curiosity.)

    You go back to the magistrate who entered your initial custody order and ask that he enforce it. The magistrate will call both parties in and try to determine what's going on. If he finds that one party is violating it, he can threaten to hold them in contempt. That usually does it.

    A couple of other questions--just out of curiousity. If there isn't a legally binding agreement in place, Levi doesn't owe anything yet (though he may be required to pay something based on previous income), isn't that right? If they had a private agreement that he would pay X and she would bring the baby for him to see, seems like he's acted with perfect reason until such time as a court lays down requirements for both of them.
    There is an implied obligation upon birth imposed on both parties. While they're certainly free to enter into a private support or custody agreement, at any point either one of them can go to court and ask that an official order be entered. Though the amount won't be set until there's a factfinding, the amount owed is retroactive to the day of filing.

    Since his income in 2009 was pretty much a windfall, can't the court require him to pay a large amount for that year and then a smaller amount based on his expected income for 2010 and beyond?
    At any point, either party can seek an upward or downward modification based on change of circumstances.

    Quote Originally Posted by Vader View Post
    Bristol needs to give some to get some. There is ample evidence that Levi has made attempts to give her money on a number of occasions and Bristol, who was asked to bring his son with her, has failed to show up.

    Since Levi has no custody and Bristol clearly, based on her mothers reiche-wing code of ethics, doesn't believe Levi should have custody; I do not see how granting her an obnoxious amount of support can be done in good conscience.

    The Palins are very much trying to deny Levi Johnson the rights to which a biological parent is entitled. This is the same as Bristol having sole custody of the child.

    Therefore, she is not entitled to support.
    I don't know the ins and outs of what did or didn't happen, primarily because I don't give a **** and hope that they all go away forever. I'm simply pointing out that in the vast, vast majority of states, visitation and child support are treated independently of each other in order to prevent parents from doing exactly what you're saying he should do.
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    Re: Alaska: Palin Daughter Seeks Child Support

    reich-wing code of ethics? What the hell is that?
    "He who does not think himself worth saving from poverty and ignorance by his own efforts, will hardly be thought worth the efforts of anybody else." -- Frederick Douglass, Self-Made Men (1872)
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    Re: Alaska: Palin Daughter Seeks Child Support

    Quote Originally Posted by American View Post
    reich-wing code of ethics? What the hell is that?
    Isn't it "Do as I say not as I do"?

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