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anieve · Aug 8, 2009, 09:08 PM

Hello the wonderful experts and advisors. A legal question regarding my son’s (Joseph) biological dad (John). He has asked for a review of child support that he I hope I am not too through in details but I am having to go to court representing myself against this deadbeat dad that is better out of my sons life than in it. My purpose and would like the courts to grant me a continuance or follow up of this case in one year, if the noncustodial parents does not improve financially and emotionally for my son then his parental rights shall be relinquished from him involuntarily and after this time he will no longer be obligated to pay child support. He will be required to pay the arreage balance but the child support will no longer accrue.
Joseph is going to be 12 years old beginning of September 2009. I have gathered my facts to present to the judge showing that financially he has abandoned his son. I have been remarried to my current husband 7 years in this time he has taken care of my 2 son’s and me financially, as well as emotionally more in this time since Joseph’s biological dad. I haven’t worked in over 5 years and moved to Nevada from Colorado 2 years ago. My husband has a good job and provides medical, dental, and vision insurance for all of us. In the last year my son has needed 2 pairs of glasses, and now has been has been told for the last year that braces are needed. Our dental insurance pays $1250 per lifetime, this does not cover half of the total price and since I have not been working and have not received any child support since 6/9/08, it is an added expense I cannot afford right now. If the noncustodial parent would at least pay this expense I would be happy. My son has been in counseling sessions with one therapist for the last year in Elko, NV. Previously he had a counselor for several years in Colorado. Either my or my husband insurance has always covered this expense and every other. The noncustodial parent has never once provided consistently for his son. I have the evidence showing his payments since 1999 (the year we divorced). Just an example here is list of the most previous years with the current court ordered amount to be $280; 2008-$955, 2007-$320, 2006-$1863.10, 2005-$1536; 2004-$1520. So as of July 27, 2009 the noncustodial parent is a total of $20,543 behind in child support. The child support enforcement agency says they are doing all they can, have done liens, driver’s license, etc. The only time he is consistence is when they garnish wages but he has figured out how to not do that and works for cash as a 1099 employee so he doesn’t file taxes. The last time he called my son was Dec 31, 2008 and the time before that was 5 months. He does not provide consistently financial and really messes with my emotionally from being so inconsistnent with calling, he was the same when we lived in Colorado and the same city. Do I have a case representing myself to show that my son is better off without his biological dad in his life? Can I ask the courts for a continuance or follow up to make sure the noncustodial parent is doing this? And how to I speak in the courts, address the Judge as your Honor? Thank you for reading I hope this is understandable.

Fr_Chuck · Aug 8, 2009, 09:11 PM

You can't "ask" you will have to file motions to the court for their review.

But in most places they do't take away rights just for not paying.

They may limit his visits but in general visits and payment of support are not related in the courts view point, they are separate issues.

Also in almost all cases, losing rights ( except for adoption) they still owe child suppport.

And non payment of bills is no case for taking away rights

anieve · Aug 8, 2009, 09:22 PM

Even if I agree to not wanting his child support? So in this type of hearing child support modification, what can I bring up?So I can file a motion for the judge to consider relinquishment of right based on abondonment? Could I file this in Nevada since that is where me and my son live?

anieve · Aug 8, 2009, 10:03 PM

OK thank you. He will of course go in with some excuse for not showing proof of no income he has 2 other kids so I know he makes money some how. Since I don't work do I need to take my husbands pay stubs for my income or proof of how I live? Yes original case and ex still in CO, my ex was aware of my move and did not contest it but I did not get permission from the courts, I have sole custody so didn't know I needed to.

cdad · Aug 9, 2009, 07:40 AM

Originally Posted by anieve

ok thank you. he will of course go in with some excuse for not showing proof of no income he has 2 other kids so I know he makes money some how. Since I don't work do I need to take my husbands pay stubs for my income or proof of how I live? yes original case and ex still in CO, my ex was aware of my move and did not contest it but I did not get permission from the courts, I have sole custody so didn't know I needed to.

You should take any documents with you showing income. Also bring old paystubs if you have them and tax returns from when you were working before. An amount of child support should be impuned to you.

As far as relinquishing his rights this isn't the hearing for it. You need to file a separate action to be heard.