Can I voluntarily dismiss my ex-husbands child support obligation for my son?

Question

I live in Washington State. Can I voluntarily dismiss my ex-husbands child support obligation for my son? My ex-husband is not my sons’ real father. There is no father listed on the birth certificate and I am certain he is not the real father. My ex-husband pays $50 a month support for him. We did this so that my ex-husband could continue medical coverage for him. The insurance company would not cover him if my ex were not showing some sort of support for him. I since have gotten re-married and can add him to my present husbands insurance. The thing is the $600 a year I get for him is nothing. The $50 a month barely covers hot lunch money. I want to modify the original documents to have him removed completely or IF ANYONE OUT THERE THINKS I HAVE A GOOD COURT CASE TO RECEIVE FULL SUPPORT FOR HIM. He exercises a regular setup visitation with my ex-husband. If I can’t raise support I would like to voluntarily dismiss him paying the $50. By doing this I would gain a deduction on my income taxes. The original court document states I can claim our daughter as a deduction and my ex takes my son until my son is 18 then we alternate claiming our daughter. We did it this way to convince the insurance company my ex was supporting him. Don’t know if it made a difference. He pays only $575 per month for my daughter. I figure the only change my ex may request is to start alternating the deduction for our daughter. Our divorce will be having a 2-year anniversary on July 15th. It’s been two years almost. At the time my ex made $46,000~ net a year and I made less then $4,000 a year working part time. In no way do I want anyone to think I am trying to change the relationship that they have because it’s a true father son relationship. I am not going to deny my ex visitation. I have never, never ever talked bad about to the kids. I have always said to him if the kids want to go see you then that’s fine with me. I might add that in the original court documents he was responsible for paying support with no exceptions in writing and now this summer he has the kids for 45 days and thinks he doesn’t have to pay support to me for that time. I’m almost certain this is not true. DOSE ANYONE OUT THERE KNOW ABOUT THIS?

My ex knows the father and he is well aware that my son is not his child.

My son had known for about10 years that he is not his real dad. He's 14 now.

I agree that he shouldn't have had to pay support. He did it to get him on his insurance.

Fairy Tale you made no sense at all.

I made $4,000 the year I was still getting a divorce. I'm not collecting any free money from the state and have been supporting the kids just fine. I really don't want his money. I just want to voluntarily take him out of the support obligation. The only reason I asked about raising the child support was so in case I have to have my ex sign something and he won't then I want to be able to know what else I can do. I in no way want to battle anything in court. AND ESPECIALLY MY KIDS.

Answer 1

Okay here is the deal...You can go back and have an amended child support order and he will support the children based on child support guidelines as set forth by your state. Almost any divorce attorney will be familiar with the percentage he will be obligated to pay......but.....it would be well within his right to demand a paternity test to clarify the childs parentage. You did not mention it but the assumption is that the boy doesn't know that this isn't his real father. He would certainly find out if you had the support adjusted up or got on the ex's case for the 45 days he doesn't pay.

This is a mess of your own making. At no time should your ex have been obligated to pay support nor carry insurance on him since he is not the father and hasn't adopted the child. What you should do is identify the biological father and obligate to him pay support, medical, etc. As the child ages expenses become greater. You are looking at college, vehicles, etc. The children can and should always maintain a relationship with your ex if they choose to do so, but the financial responsibility is not on his shoulders....that belongs with the biological father!

Answer 2

States vary , here if the child is with the parent order support / child support is Not paid for that period .If you received it last year , he could ask for it back in court.You said before you remarried you made less than $4000 , that means ?? State help with support ? Food Stamps , anything ? And asking to remove the $50 isn't much but he'll ask why not the $575 ?If your second husband & your income in higher than your ex , the court might be in his favor to lower his support .$46,000 he can afford a good lawyer and can even ask for more visiting , due to the new situation .For the childrens welfare of course .After all this time you could have a lot of legal fighting , I see ( sorry) Ex was good enough for insurance now , bye ,I'd if in a jury case would listen to all facts .If as you wrote , I'd favor toward your ex. Especially
with visitations .To make sure the Now husband understood the dads rights ! It's nice your happy ,but to ask for the $50 to stop , why not the other ? Becareful for what you seek .Your ex would have power at least in this state .I understand the no exceptions in documents for the 45 days , but if they aren't there with you , seems just justified the money shouldn't be . Sorry , get a good lawyer ! PS. the insurance he had for the kids , could also ask for all monies they paid for a child not his and court could order all the years of $50 a month begiven back to ex , plus less for daughter Plus more visiting rights .

Answer 3

yes, my mother had my father give up custody in exchange for stopping child support. he can be "not his father" on paper, and still be in his life. in my particular case i didn't have any need or desire to see or hear from my biological father ever again due to some abuse issues, but the general idea is the same. once this happens your son can be adopted by your new husband.

Answer 4

new child help varies for each stste so i visit't say for certain yet my comprehend-how is that adoption isn't regarded at as diverse from delivery from a felony element of view so in case you had a new child jointly and it affected the job then him adopting your new child would also. yet you would could look into the regulations on your state to make certain. i am hoping that's wise.

Answer 5

your obviously thinking about your self and not your child,firstly if he is not your childs father then he has the right to know ,with child support you are not entitled to anything really if his name is not on the birth certificate he shouldnt be paying you one cent he abviously has claimed the child to be his own,he is right not to pay support for having the kids that long during the summer he is entitled to get benefits for having the children starting from alternate weekends.your obviously in this for money and anything you can get off him,you need to tell him about the children and that they are not his own children stop using him for ababy sitter every other weekend

Answer 6

ask your solicitor, you will need to use one anyway to amend the paperwork so you may as well ask and get the right answer from them.

Answer 7

I may not be fully understanding this but this sounds like insurance fraud......