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-   Family Law (https://www.askmehelpdesk.com/forumdisplay.php?f=120)
-   -   Child support arrears and step parent adoption (https://www.askmehelpdesk.com/showthread.php?t=703253)

  • Sep 20, 2012, 09:05 AM
    JudyKayTee
    Quote:
    Originally Posted by mommyto3kids View Post
    No one can force anyone to pay arrears not even the courts.

    Her never having a father in her life. She has missed out on that father /daughter bond because that person didn't want to step up. She wants to be adopted and our last name but unfortunately in NY you have to be 14 to have a say in court.

    As of right now she has no interest in her bio dad. When she's older and if she wants to ask him, then she can ask him why he was never in her life.

    How odd - I'm in and out of Court - in NY by the way - and I'm not aware that the Court can't force anyone to pay arrears. I do a brisk business locating non-custodial parents so that the custodial parents CAN collect support for the children.

    "As of right now" may be the magic words.

    Your husband hasn't taken an interest in the child because she's not legally "his"?

    You are saying two different things - here she has no interest in her father; before you posted "She even asks her cousins if they know her dad.. "

    Which is it?
  • Sep 20, 2012, 10:15 AM
    mommyto3kids
    Quote:
    Originally Posted by AK lawyer View Post
    OK. We are both singing from the same sheet. :)

    To OP:

    What you need is something to make the non-custodial parent (as opposed to the judge) happy. A release of past-due child support signed by you in exchange for consent to adoption should work. You might want to specify that this only is valid if the adoption goes without a hitch.
    Ok thank you :) that's exactly what I was looking for!
  • Sep 20, 2012, 10:23 AM
    JudyKayTee
    Quote:
    Originally Posted by mommyto3kids View Post
    Ok thank you :) that's exactly what I was looking for!

    Isn't this exactly what Scott suggested several posts ago?
  • Sep 20, 2012, 11:27 AM
    mommyto3kids
    Quote:
    Originally Posted by JudyKayTee View Post
    Isn't this exactly what Scott suggested several posts ago?
    No judy its not
  • Sep 20, 2012, 11:29 AM
    ScottGem
    Quote:
    Originally Posted by mommyto3kids View Post
    No judy its not
    Actually yes it is. I suggested that you write up a waiver (same as a release) and even gave you suggested wording for it. Post #7

    Quote:
    Originally Posted by ScottGem View Post
    Its possible a simple document:

    I, <insert your name> do hereby waive any claim to any child support arrears owed by <insert his name> based on the child support order <insert date and docket info of the original order>.

    will suffice. Or a more formal document might be needed.

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