I have kind of a complicated story but hopefully a simple question. My ex and I are trying to come to an agreement about our daughter who is almost 6. He has not been in her life at all since she was a few days old. I am remarried to a man that I've been with since my daughter was 8 months old. We want my husband to adopt her but we cannot afford to do it right now. We won't have the money for a few months. My ex said he will agree to the adoption and won't fight it in court if I drop the Child Support now. My question is, if I drop it now, will I be able to file again if he decides to change his mind and not go along with the adoption? I told him I would drop it and if he is lying about what he said then I am going to file again, but honestly I wasn't sure if it was even possible... does anyone know if it is? Also, he owes me $1800 in back support, will he still be required to pay that? I was actually hoping to get an IRS intercept of his Income Tax Refund (which should cover that $1800) this year and use that for the adoption process but if I drop the support now, would that money still come to me? I hope someone can answer my question! Thanks!

Hello Kaileesha:

You can protect yourself by writing this agreement down and having him sign it. Yes, you can drop your claim, and file it again if he breaks the agreement.

excon

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Originally Posted by Kaeleesha

I have kind of a complicated story but hopefully a simple question. My ex and I are trying to come to an agreement about our daughter who is almost 6. He has not been in her life at all since she was a few days old. I am remarried to a man that I've been with since my daughter was 8 months old. We want my husband to adopt her but we cannot afford to do it right now. We won't have the money for a few months. My ex said he will agree to the adoption and won't fight it in court if I drop the Child Support now. My question is, if I drop it now, will I be able to file again if he decides to change his mind and not go along with the adoption? I told him I would drop it and if he is lying about what he said then I am going to file again, but honestly I wasn't sure if it was even possible... does anyone know if it is? Also, he owes me $1800 in back support, will he still be required to pay that? I was actually hoping to get an IRS intercept of his Income Tax Refund (which should cover that $1800) this year and use that for the adoption process but if I drop the support now, would that money still come to me? I hope someone can answer my question! Thanks!

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Hi Kaileesha:

In terms of getting the IRS intercept of his return, it should be automatically done if he is past due on his support. There is nothing that you need to do, normally the state and federal governments take care of it (depending on how past due he is).

I would not do it, he can always "change his mind latter" if he is willing to do it now, he will be willing to do it latter to get to stop paying the future payments also.

And it is not "YOUR" money it is the child's money. Plus I am not even sure the court would allow you to agree not to take money, the court orders it for the welfare of the child and as the obligation of the non custody parent.

To get the support droped or lowerd you would have to go to court and do that, if you had the money to go to court you would be doing the adoption.

Make a deal with him, to pay for the adoption, thus he don't have to pay more support and it is final and done

I had filed for child support 5/26/2011, on 1/26/2012 my last court date I presented to the court a order to move the case from family court to supreme court because from 5/2011-1/2012 I was presented with divorce papers from my husband who was asking in the divorce decree for custody and support from me. In our 1/31/2012 supreme court appearance a settlement for our divorce was reached, but nothing addressing the back child support was addressed. I had not received support from my husband from 5/2011-1-2012,and he never showed up to any of the family court appearances that when I went to court the judge was going to issue a sheriffs warrant on him. My question is can I refile for the back support? Or is he off the hook for the back? Mind you in the settlement he requesting for the tax year 2011 the right to claim my son on his taxes cause I claimed my son in 2010, so he gets to claim child for year he provided support.