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-   -   Divore, Child Support and Another State (https://www.askmehelpdesk.com/showthread.php?t=332721)

  • Mar 23, 2009, 07:24 AM
    icequeen22s
    Divore, Child Support and Another State
    My name is Sarah.. I have a 2 yr old daughter.. Her father and I can't make it work after 11 years.. We have decided to get a petition for dissolution with minor children.. Easier that way.. Anyway, I will being leaving the state we are in and moving 800 miles away with my child.. He would rather sign his rights up to her so he don't have to pay child support.. Honestly I would rather let him so I can move away and have no part of him at all.. I don't want his support or anything to do with him after this.. Is there a way, I can tell the courts I don't want his support just to let him go so he can get off easy and I can have my life.. Just wondering if I gave permission of that if I can do that..
  • Mar 23, 2009, 08:04 AM
    450donn

    You can probably have your lawyer do anything. It is generally up to the two parties involved and their lawyers to make the agreement. All the judge does is either agree and sign off or not.
  • Mar 23, 2009, 11:23 AM
    stevetcg

    You are not required to get child support unless you go on state assistance. If you work out a deal with the father that you can move in exchange he doesn't have to pay support then that's what the divorce will cover.

    However... that deal will not hold up if you ever go back to get support. So if he has a lawyer, he will probably not accept it at that. I wouldn't. As soon as you established residency (giving your local court jurisdiction) there is nothing to prevent you from going to get support and any visitation would then fall fully upon him to do the travel arrangements.
  • Mar 23, 2009, 11:56 AM
    ScottGem

    Since this was asked in the Divorce section, I'm not so sure that any divorce settlement wouldn't be binding. You certainly can not ask for child support as part of your divorce agreement. But I wouldn't tie it to his letting you move.

    As for terminating rights, the court will not allow it. If you remarry, you can have your new husband adopt and then the courts will terminate in favor of the adoption.

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