My childs father has a child support order he does not pay, ever, The baby is now 3 and he lives about 1500 miles away. He told me he is going to go to court and term his own rights so he doesn't have to pay because, "he can't afford it" He has other kids and takes care of them. He said he can tell the judge that he abandoned her?? Can he just walk if he feels like it? I can't imagine he can if that was the case wouldn't every father who owed money do it??
I'm so angry it's not funny right now because it's bad enough the order is for 178 a month, which is just stupid but then he wants to tell me he just can't and has to take care of his family. WTF???!!?? She is his famliy too!!!!! Sorry, I'm mad : )
2007-06-22 01:01:49 · 14 answers · asked by Leeces Pieces Momma 2 in Politics & Government ➔ Law & Ethics
I live in Georgia now, he is in WA state. The order is out of WA and the garnishment is in place but he cuts hair out of his house so he is not paying. He says that paying for her will make it hard for him and they took his license away for the back pay and the next step is jail. He said he wontgo to jail and would just hide. I have all of this in e-mails he's been sending me since March.
2007-06-22 10:02:42 · update #1
We have never been married and since I was Pregnant lived in the same state. I filed for the CS in Indianapolis in 05 and he was already in WA and moved to GA for a job in 06.
2007-06-22 10:04:08 · update #2
First, he will have to file such an action in the state where the original order was issued. If you both have moved, then he will be required by the UCCJA to file in the state where the child lives.
So, you need to tell us where you live. If it's in the U.S. let him file. And you file your answer AND a Motion to show cause for contempt - failure to satisfy the requirments of the existing court order.
I would stronly suggest you have an attorney look at the summons he sends to prepare your response. You are looking not only at contempt, but also an immediate ruling for judgement and a wage garnishment order.
He cannot just go in and say he doesn't want to pay anymore. But let him. Judges need a good laugh also.
2007-06-22 01:20:05 · answer #1 · answered by hexeliebe 6 · 2⤊ 1⤋
I am so sorry for the h*ll he's putting you through.
Try to get what he says in writing or recorded. Play along. Save it, never throw it away. If he has to pay child support, he may get mad and then try to fight for custody, then you want to have all this recorded about how he wanted to sign away his parental rights so he won't have to pay.
If you are agreeable, he can sign away his parental rights, which would release him from child support and you ever having to deal with him.
He HAS to pay. Get the book listed below and it will give you some great information. You can collect his tax return each year until he pays up. If he is in someone's will, if you have everything in place, you will be the receipient. I can't remember everything, but there is recourse.
Legal Aid might be able to help.
Call Hubbard House.
I know you're stressed, it will be ok. I got a very large lump sum a few years back.
It's a bumpy road, and life isn't always fair.
2007-06-22 03:22:57 · answer #2 · answered by lady 5 · 0⤊ 1⤋
No, I do not believe so. Each state will have different wording and requirements for termination but I do not believe there are any who allow a person to terminate just because. They must show good reason for termination and it must be in the best interest of the child as determined by the court.
Most states have laws in place that will garnish a parents wages or can even send them to jail for failure to pay child support. Check with your local child support enforcement agency for info on the specifics in your area.
I like the comment about the judges needing a laugh too!!
2007-06-22 04:16:12 · answer #3 · answered by Anonymous · 0⤊ 1⤋
in maximum situations,a choose won't make a infant fatherless different than in situations of severe abuse. in many cases they require that a clean companion will undertake the youngster if the fathers rights are terminated. They try this because of the fact a infant left devoid of the help of the two moms and dads might desire to wind up wanting to be supported by utilizing government reward. no rely in case you settle or not,he does have rights because of the fact the youngster's father. He of course isn't an entire stranger if he fathered the youngster. the undeniable fact that he's not exercising his rights will help,yet won't be adequate to have his rights terminated. in case you're actually not remarried and have a husband prepared to undertake the youngster,i could permit properly adequate on my own at this element. like the others suggested,you are going to be able to correctly be beginning up for extra issues.
2016-09-28 07:07:40 · answer #4 · answered by pantano 4 · 0⤊ 0⤋
Go back to court. This "man" can't pick and choose which of HIS children to support or not support. He's paying LESS than $6 a day to support this child.
What a bum! Obviously not very smart. Don't talk w/him... get a lawyer now!
2007-06-22 01:17:14 · answer #5 · answered by M C 5 · 2⤊ 1⤋
As I understand it all child support orders are means tested and subject to revision based on changes in circumstances. As long as he is honest you are at the mercy of the system of appeals procedure.
2007-06-22 01:06:50 · answer #6 · answered by Anonymous · 1⤊ 0⤋
$178 a month is a small price to pay to get this jerk out of your life. I say let it go, and don't answer the phone when he calls. You need to mentally and emotionally detach from this weenie.
2007-06-22 01:05:00 · answer #7 · answered by Anonymous · 1⤊ 1⤋
Although he may give up his rights as a parent, and still has the responsibility to support his child. If you have an attorney, then consult with him about the matter.
2007-06-22 01:07:07 · answer #8 · answered by Beau R 7 · 2⤊ 2⤋
No he can not just say terminate my rights. Can you imagaine ALLLLLLLLLLLLLLLL the losers that would do so if they could. Tell the rat bastard if he can not afford to take care of them STOP having them. Also, tell him he WILL pay...one way or the other!!
2007-06-22 01:05:15 · answer #9 · answered by Mean Carleen 7 · 1⤊ 1⤋
No, he cannot terminate his responsibilities !!!! The JOKE is on him !!! He can only dis-allow her in his WILL if he even has one!!!
As far as getting out of court ordered support -- NO WAY on EARTH !!!!!!!!!!!!!!!!!!!
I hope your child got brains from you as his are non-existant!!!!
2007-06-22 01:09:15 · answer #10 · answered by BARBIE 5 · 2⤊ 1⤋