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Home > Law > Family Law   »   No child support payments

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Old Aug 29, 2007, 10:50 AM
akmom
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No child support payments
Here is a short version of my problem. I got pregnant, then I got married, husband beat me and cheated on me, got divorced in Ohio. Well the lawyer said that since I was pregnant when I was married and when I was filling for divorce that My Ex husband was automatically the father. I gave birth at a military hospital ( ex was military), they told me that since i was married and still on his insurance that I had to put his name on the birth cert. I got the divorce, which he never showed up for. So the judge ordered him to pay child support. He paid the child support off and on. Then he just stopped paying it. I got remarried and my husband has carried insurance on my daughter since the day we got married. Well my husband wants to adopt her. I was told that in Ohio that If the parent stops paying child support for a year straight that they pretty much gave up their rights and I could go forward with the adoption and name change with out his permission. Is it true? The ex husband has never wanted to see my daughter or have anything to do with her. Please HELP. Thank You

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Old Aug 29, 2007, 10:54 AM   #2  
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I live in Ohio and have gone through the same thing. My husband wants to adopt my 5 year old daughter.

What you are referring to is abandonment, in Ohio it is a minimum of 6 month of no contact and no support. At that time you can go to court and petition to have his rights terminated and for your husband to adopt. If he shows up and tries to fight it, you most likely will not win.

Another was to go about it is to have your ex sign over his rights in order to allow your husband to adopt the child. If you think he would be willing to do this, it will be easier than you trying to terminate his rights.

Good luck.
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Old Aug 29, 2007, 11:05 AM   #3  
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Getting rights terminated is a difficult process. It would be much better if you got your ex to relinquish voluntarily. If you explain that since, he is doing this so your husband can adopt which would then relieve him of support payments, I'm sure he would be amenable.
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Old Aug 29, 2007, 11:32 AM   #4  
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But I have no idea where he is ?
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Old Aug 29, 2007, 11:33 AM   #5  
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Then the attorney you NEED to hire for the adoiption will tell you what to do, you need to make a good faith effort to find him. The attorney will explain what that means.
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Old Aug 29, 2007, 11:40 AM   #6  
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Would military lawyers help?
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Old Aug 29, 2007, 11:41 AM   #7  
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they might
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