My exhusband wants to give me my daugther for ever and never come arround in exchange he will be debt free and never pay childsupport again. And I want to do it, is this legally possible?
2007-07-29 02:48:02 · 12 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
#1. Just because two lawyers draw up a contract and you both sign it (showing a meeting of the minds) doesn’t mean that the contract is enforceable or even legal! It takes the courts to make a contract legal and the police/government agencies to enforce it. In other words he could change his mind in a few years and unless there is a strong legal precedence (a case of this nature as gone through the court system) you are looking at a very messy legal battle.
#2. In most states it is the courts that set the child support payments and regulate the payment schedule. These payments are then administrated through a deputy of the court (Usually an outside agency whose chief administrator is sworn deputy of the court.), which means that they will have to sign off on any deal. The problem with this is that they are charged with enforcing the order of the court so normally they have no say in the matter (so see above).
#3. Even if the lower courts allow for the change something on this level will end up in the upper courts. When a case like this makes it that far then the only people coming out ahead is the lawyers.
2007-07-29 04:21:10 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Sad to say but yes it can be done and has been done several times. You will more than likely have to go to court to make it legal. Get an attorney and he/she will do what has to be done.
I know in my case, my ex was so far behind in his child support that the judge TOOK his visitation away from him until he got caught up (which he never did do).
He is being a jerk by giving her up in the first place. Give her all the attention and then some for not having a dad around any more. I raised my daughter alone myself. In some cases that is the best thing to happen to them. Keep one thing in mind when doing this......don't ever down him in front of her for any reason...even if you think he is scum. She will have respect for you in the long run.
2007-07-29 10:56:11 · answer #2 · answered by SapphireB 6 · 0⤊ 0⤋
Yes it is but keep your daughter in mind. How will she feel knowing her father not just didn't want her he really didn't want her. Not to mention why let him off the hook? If it's becauses you have a new husband and he would adopt her or something that would be the way to go but other than that I would just leave things as is and maybe don't bother trying to get the money from him if you don't need it but be sure to try to get it before she's 18 and give it to her for college or something. Good luck
2007-07-29 10:06:05 · answer #3 · answered by Laura M 2 · 0⤊ 0⤋
yep. it is. it's crappy, but it's possible. I wouldn't let him... things to consider.. depending on the circumstances of the divorce... 1. do you have someone else in your life that will help you take care of your daughter financially? 2. is your husband completely unfit to be a "dad". 3. is your daughter old enough to remember him 4. why not let yourself get established.... let him contribute financially, but allow him to be absent from her life... see if that's something he's really serious about.
I just can't imagine a dad giving up a child because he's a cheap jerk. That's crappy! My ex-husband is a piece of work too.... so sorry you are dealing with this, but make sure you take care of the two of you!
2007-07-29 09:56:32 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Sure the hell is. Seek out an attorney and have him draw up the papers. Then have the damn dead beat sign them. I commend you for taking sole responsibility for your child. I don't think you will even have to appear in court, but if you do, it will be a piece of cake. blessings Blue
2007-07-29 09:53:39 · answer #5 · answered by bluebird 4 · 1⤊ 0⤋
No, he will have to pay child support, whether he sees the child or not. The child is his responsibility, whether he has custody rights or not. He fathered the child and therefore owes the child. What an awful dad he is, that he would give up his child over money.
2007-07-29 10:01:48 · answer #6 · answered by Sweet Suzy 777! 7 · 0⤊ 0⤋
yes, my sister did it about 4 yrs ago. She lives in Indiana, I think they had to go through the court system to get it done. He did give up all parental rights for no more support.
2007-07-29 09:52:11 · answer #7 · answered by the_wayward1 4 · 2⤊ 0⤋
Yes i think it is possible. My brother's ex wife offered him this deal, and he took it. he was strung out on drugs and like 5 years behind in payments. HIs wife was an R.N. who married a successful drug free doctor, who wanted to adopt my brothers daughter, and my brother took the deal. the whole situatoin sounds sad no matter how you look at it. but yes it was possible for them to do it.
2007-07-29 09:54:49 · answer #8 · answered by Anonymous · 1⤊ 0⤋
Yes if all parties are in agreement and it is signed. I would also get him to sign over all his parental rights.
2007-07-29 09:52:25 · answer #9 · answered by b_fab115 3 · 1⤊ 0⤋
anything of this nature is possible, but needs the advice of a lawyer.....I suggest you have one do all the proper paperwork.....good luck
2007-07-29 09:52:16 · answer #10 · answered by Anonymous · 1⤊ 0⤋