Possible to Re-File for Child Support?

Kaeleesha · #1 Jan 31, 2007, 04:43 AM

I have kind of a complicated story but hopefully a simple question. My ex and I are trying to come to an agreement about our daughter who is almost 6. He has not been in her life at all since she was a few days old. I am remarried to a man that I've been with since my daughter was 8 months old. We want my husband to adopt her but we cannot afford to do it right now. We won't have the money for a few months. My ex said he will agree to the adoption and won't fight it in court if I drop the Child Support now. My question is, if I drop it now, will I be able to file again if he decides to change his mind and not go along with the adoption? I told him I would drop it and if he is lying about what he said then I am going to file again, but honestly I wasn't sure if it was even possible... does anyone know if it is? Also, he owes me $1800 in back support, will he still be required to pay that? I was actually hoping to get an IRS intercept of his Income Tax Refund (which should cover that $1800) this year and use that for the adoption process but if I drop the support now, would that money still come to me? I hope someone can answer my question! Thanks!

excon · Jan 31, 2007, 05:12 AM

Hello Kaileesha:

You can protect yourself by writing this agreement down and having him sign it. Yes, you can drop your claim, and file it again if he breaks the agreement.

excon

rrmartinez · Feb 1, 2007, 09:27 AM

Quote:

Originally Posted by Kaeleesha

I have kind of a complicated story but hopefully a simple question. My ex and I are trying to come to an agreement about our daughter who is almost 6. He has not been in her life at all since she was a few days old. I am remarried to a man that I've been with since my daughter was 8 months old. We want my husband to adopt her but we cannot afford to do it right now. We won't have the money for a few months. My ex said he will agree to the adoption and won't fight it in court if I drop the Child Support now. My question is, if I drop it now, will I be able to file again if he decides to change his mind and not go along with the adoption? I told him I would drop it and if he is lying about what he said then I am going to file again, but honestly I wasn't sure if it was even possible... does anyone know if it is? Also, he owes me $1800 in back support, will he still be required to pay that? I was actually hoping to get an IRS intercept of his Income Tax Refund (which should cover that $1800) this year and use that for the adoption process but if I drop the support now, would that money still come to me? I hope someone can answer my question! Thanks!

Hi Kaileesha:

In terms of getting the IRS intercept of his return, it should be automatically done if he is past due on his support. There is nothing that you need to do, normally the state and federal governments take care of it (depending on how past due he is).



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