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crashy772 · Feb 25, 2008, 10:23 AM

My ex has finally decided he wants to sign over custodial rights of my two boys to me. My husband of 3 years who has been supporting all of us would finally be bale to adopt them. Then only condition is that My ex would not want to pay childsupport or back child support. I live and Florida and can't seem to find any info on how to go about this or what forms to sign or were to go. If anyone could help I would greatly appreciate it.

missijoy · Feb 25, 2008, 10:29 AM

Past owed child support cannot be part of a negotiation. It is owed to the state on behalf of your children, with their best interests in heart. I have been through some custody issues, and this is true in my state at least...
You will need a lawyer.

crashy772 · Feb 25, 2008, 10:36 AM

OK ty very much

missijoy · Feb 25, 2008, 10:52 AM

After he signs away his rights, he won't be responsible for any support, that should bring him some joy, sounds like a real winner, worried about his money and not his blood. Crazy.

Your doing the right thing in my eyes for your children.

I forgot to mention that when your husband adopts them...
If you should ever separate or divorce HE will be responsible
To pay child support until they are 18.
You should make him aware of this before he goes any further with it. :)

ScottGem · Feb 25, 2008, 11:22 AM

Missi is right to a certain extent, but it depends on your situation. If you had obtained public assistance at some point, then yes, back support would be owed to the state to reimburse them for the taxpayer money paid to you. But if you had never received public assistance, then you can forgive the back child support.

Once your husband adopts, the father no longer is responsible.

What you should be doing is getting a lawyer to prepare the adoption petition. The lawyer can then advise you wheter you can forgive the back support or not.