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View Full Version : Can we give up back support?


mighty_mouse
Jun 10, 2009, 10:46 AM
:confused: Hi, My husband and I sent the paper work for my x to give up his rights to our daughter, so my husband can adopt her. We did this at my exes request. He had them looked over and sent us a letter saying he would not sign them unless we wave all back support. I know all current support gets waved, but can we wave back support? If so do you think we should, when he owes us $13,000.00? He is not responsible enough to keep her at all, for any amount time. I won't let that happen, but he says if we don't he will file for visitation. He is in FL and We are in GA, stationed at FT. Stewart. My husband is in the Army. Does that have any bearing? Do we have to have his permission to take her out of the country if we get transferred to say.. Germany?
Help please... :confused:

stevetcg
Jun 11, 2009, 06:38 AM
You can waive back support if you so choose. It sounds a lot like this might be your best course of action.

He is within his rights to file for visitation and if that is ordered, it might be difficult on you to transfer - they likely won't stop you from taking the child but will make you responsible for travel expenses for the child.

Yeah, what he is doing is pretty crappy... but unfortunately, he is entitled to at least apply for visitation. If you can prove his intention is spiteful, it will work against him, however.

Ultimately, a step parent adoption may be the path of least resistance. On the other hand, you can get on Child Support Enforcement to do something about the arrears he owes. He isn't the only one able to exercise rights that might make the other parent's life more difficult.

ScottGem
Jun 11, 2009, 06:44 AM
You can waive back support unless you have received public assistance. In that case the support is owed to the government to reimburse them.

You should be using an attorney to prepare the adoption, they can amend the relinquishment papers to waive the back support.