Help!!

Status
Not open for further replies.
S

sdmerritt78

New Member
I have a 6 year old little boy who I have had full custody since he was 2. He has not seen his father or heard from since he was 1. We have not received a dime in child support and is $25,000 or more in arrears. We are not sure of his location either. When I got full custody there was a bond issued that will require the bio dad to pay $10,000 to the court in order to start visitations which are 4 hrs the last Saturday of the month. Well, I received an email from him after all of this time stating that if I send him a certified letter saying that he will not be responsible for any back child support he will sign over his rights and that he will be paying child support in Jan '08 and that I need to be ready for visitation. Also, said that during his visitation he will take my son and have a paternity test done. My husband has been his father and supporter since has 3 and is the only father he has ever known. We are planning for him to adopt him soon. When a father signs over his rights will the back child support go away or is the bio father still responsible for it? If he is still responsible would be agreeing to clear the back c/s out work? If any one has any information that I could use it will greatly be appreciated. Thanks, Sandi
 
sdmerritt78 said:
I have a 6 year old little boy who I have had full custody since he was 2. He has not seen his father or heard from since he was 1. We have not received a dime in child support and is $25,000 or more in arrears. We are not sure of his location either. When I got full custody there was a bond issued that will require the bio dad to pay $10,000 to the court in order to start visitations which are 4 hrs the last Saturday of the month.
Click to expand...

What state, and the name of the judge. That Peace of crap need's to be removed from the bench. I need that judges name.
 
Well...

Texas and the only reason he is required to pay that bond is because he beat the hell out of me while I was holding my 1 year old son and has made terrorist threats towards me. The bond goes to the court just in case he flees with my son on his supervised visitation.
 
I see. My mistake. I thought he had to pay a bond for the back child support and then he could have visitation. You left out the criminal part.

If you have a support order, he's obligated until that order is modified or no longer exsists.

Look at the child support laws in your state of Texas.

Here is a link to a lawfirm I just googled, explaining child support computation, modification, enforcement:

http://www.raggiolaw.com/txart02.html

Down at the bottom, there are other links as well. Very informative on family law matters.

Here is a the link to Texas Family Code:

http://tlo2.tlc.state.tx.us/statutes/fa.toc.htm

Between those two web sites, you should find the correct answer. Good luck.
 
What would happen if I did what he requested and sent him a certified letter stating that he will not be responsible for any back child support? I have never received a dime from him, dont want it and dont need it.
 
sdmerritt78 said:
What would happen if I did what he requested and sent him a certified letter stating that he will not be responsible for any back child support? I have never received a dime from him, dont want it and dont need it.
Click to expand...

I don't know lol. If you are going to do something like that, have it drawn up by a lawyer(it wouldn't be too expensive) you pay half, and he pays the other.

Sign, date and have it notorized. This will hold some water.

The problem is, courts are reluctant to say somethings "legal" without an order when it comes to this.

If you ever had the state involved in the child support, I don't see how you could sign the support away. If you never had the state involved, you can do what you wish.

Another problem I see, is the possibility of the father comming back some years down the road, claiming he made a mistake signing anything. Not that this would happen, but something to keep in mind.

It may be best to just file a petition with the court and all of you go in and explain it. You don't need lawyeres for that. You can file for full custody and control of the child. BUT, when you file in court, the state may take an interest in the money.

You may be able to talk to a paralegal to draw up your agreement, that would be cheaper yet. This would keep the courts out, and if dad isn't interested and won't be causing any problems, I think the two of you can sign an agreement(contract) that will work. EVEN if he came back some years later, you have that, plus the child living with you, and possible abandonment issues, which could mean automatic termination of rights for the father.
 
Well I have had full custody since my son was 2. I talked to the attorney generals office this morning. The bio sperm donor said that child support would be garnished from his check starting in Jan. The c/s office said that they dont have any employers information to garnish from. LIE!! lol I was also told to make it to where the back child support would not be his responsibilty would be up to an attorney. But I am thinkin that if we were to both sign and notarize and agreement stating that he will not be responsible for it would be fine. I would hope anyways. I just want the dirt bag to sign over his rights...hehe
 
Also, the c/s office said they have an updated address and phone number for him. They have called and sent him several letters since Nov 1 but have had no response.
 
As far behind as he is, it has become criminal. You did call the AG, they would know.

Here is the Federal Law on Child Support:

(a) Offense.— Any person who—
(1) willfully fails to pay a support obligation with respect to a child who resides in another State, if such obligation has remained unpaid for a period longer than 1 year, or is greater than $5,000;
(2) travels in interstate or foreign commerce with the intent to evade a support obligation, if such obligation has remained unpaid for a period longer than 1 year, or is greater than $5,000; or
(3) willfully fails to pay a support obligation with respect to a child who resides in another State, if such obligation has remained unpaid for a period longer than 2 years, or is greater than $10,000;
shall be punished as provided in subsection (c).
(b) Presumption.— The existence of a support obligation that was in effect for the time period charged in the indictment or information creates a rebuttable presumption that the obligor has the ability to pay the support obligation for that time period.
(c) Punishment.— The punishment for an offense under this section is—
(1) in the case of a first offense under subsection (a)(1), a fine under this title, imprisonment for not more than 6 months, or both; and
(2) in the case of an offense under paragraph (2) or (3) of subsection (a), or a second or subsequent offense under subsection (a)(1), a fine under this title, imprisonment for not more than 2 years, or both.
(d) Mandatory Restitution.— Upon a conviction under this section, the court shall order restitution under section 3663A in an amount equal to the total unpaid support obligation as it exists at the time of sentencing.
Click to expand...
 
Criminal for sure. He has 2 other children that he owes either close to or over a 100 grand on and has atleast 2 warrants out for them. Just mine alone is at $25 k. And he is one of those people who works contract jobs so he cant be found. He is still in TX and I am sure he does not ever have a valid drivers license. I decided to contant an attorney to see what my chances are. So we will see.
 
Good luck. Even if you had to file with the court, no judge is going to listen to a man that far behind in child support.
 
Status
Not open for further replies.

Share this page

Get a free case review from a lawyer
Back
Top