[KR0825]

Hello All,

I have a couple of important questions and much need of help, I am trying to change my son's last name to my last name. His father is on child support but owes 6,000 worth of back pay and I received probably only about 300 last May for the first time and have not received anything since that time.

1)How do I one go about changing his last name I have no clue.. :confused:

2)Two I reside in the State of Georgia and his father lives in the State of Florida by me changing my sons name will this stop my possibilities receiving any further child support and will the back pay still be due? :confused:

3)Does anyone know how much it cost to make this change? :confused:

4) My sons father is also on SSI and receives a check every month is my son eligible to receive SSI as well?

I look forward to hearing your responses. Help is greatly needed!

P.S : my reason for the name change is because my son's father is not in his life has not made and attempt to be there. I have no problems or drama with him. When I call him in need for help he just ignores that we need help and ask why. I do not feel its remotely right for my son to even carrier on his fathers name, this is a legit reason to me ( child abandonment to get approved for the name change, but will the court think the same?

[Fr_Chuck]

You will need fathers persmission to change name, merely being behind on child support has nothing to do with it.

In GA, merely not visiting or not paying child support has no effect on the rights of the father. Also merely not paying child support does not stop his rights to visit either in GA.

No, as long as he gives permission for the name change ( or if you do it somehow without permission, that has no effect on the child support)

Yes, you should should have been receiving a check since day one, contact the SSI department and your ex as to why this is not happening.

Also GA has one of the toughest child support enforcement groups in America, why are you not getting him put in jail or why have you not taken him back to court on several occasions.

The court in GA will think you need to go back for contempt on father and enforce the support agreement.

While GA is very trough on the responsibility of the father, they are also very progessive on the rights of the father also.

[this8384]

You cannot use child abandonment as grounds for a name change; though it's minimal, the father has been paying child support which destroys any assumption of abandonment.

You can file in court to have your son's last name changed, but his father might fight you on it. It may not be worth it in the long run; after all, it's only a name.

Changing his last name doesn't relieve the father of paying support and yes, the back pay still needs to be paid. Even when your son is a legal adult, any back pay will still be owed.

I'm not 100% positive on the SSI question, but I believe your son may qualify for it. This website states he is, but I'd check with SS just to be positive:
Benefits For Children

[this8384]

KR0825 disagrees: hes not paying child support and two its worth it especially when people address u by the father last last and hes not even around.. hes not involoved neither should his name its been 5 yrs .. but thanks for ir opinion

Can I please call your attention to the site rules for using the rating system:
https://www.askmehelpdesk.com/feedba...ure-24951.html

Just because you don't like my advice doesn't make me wrong. Please use more caution in the future.

[KR0825]

Ok, Once again I did say thank you for the advice, it is greatly appreciated . I felt you answered the first portion incorrectly because you stated my sons father WAS/IS paying child support therefore that wouldn't be considered child abandonment.He is NOT paying child support so does that not consist of child abandonment? If someone's not taking care of a child that seems to be abandonment . So I am sorry that I disagreed with you that's how I felt. And if you are giving your advice (whch is respected)a opinion is not nessicary(after all its just a name" as you stated ). My advice to you is to be cautious as well to how severe a topic may be to someone's concern to a sensitive topic. Again no disrespect at all I said thank you for your advice it was appreciated, its not that I didn't like your advice it's that I Didn't agree. Thank you for your time!

[KR0825]

I sent a response. Thank you

[this8384]

When I stated that it's only a name, I wasn't implying that it shouldn't be important to you. I said it may not be worth the hassle if the father decides to fight you on it. You're going to have travel costs, you'll need to take off work to show up at hearings, etc.

And although he isn't paying support consistently, you stated that you received a minimal amount in May. So no, this is not an issue of abandonment whatsoever. He paid something within a year so you can't say he abandoned the child; if he had no contact whatsoever within the 5 years, that would be different. But a judge is going to look at the fact that he made a payment.

[ScottGem]

In the Original Post you stated: "His father is on child support but owes 6,000 worth of back pay and I received probably only about 300 last May for the first time and have not received anything since that time. "

Therefore This8374 was correct in stating that he had paid support.

But even more, even if he wasn't paying support that may not constitute abandonment. You asked if the facts that you stated were enough to change the name. Legally the answer is no. Without the father's approval, no court is likely to grant the name change.

Abandonment is not a charge in this instance. It MIGHT be used as grounds to get his rights terminated, but that is highly unlikely.

[KR0825]

Isn't this world funny.. Crazy how a person doing nothing has so many rights, how fair is that lol. One payment in 5 years which was garnished.

Question to follow up with the last response so if he refuses to change to agree with the name change will they force him to pay the 6,000 or let him walk away and live life like its grand?

[this8384]

I agree, family court is ridiculous and it seems as if they constantly side with the party who is in the wrong. However, whether he contests the name change has no bearing on his child support - past, present or future. He still has to pay what he was ordered to pay.

If he's so far behind, you need to file for contempt of court; a hearing will be scheduled, at which point it will try to be determined why he hasn't paid. If he doesn't show up for the hearing, they'll issue a warrant for his arrest.

Have you contacted child support to ask why they haven't intercepted his tax refund?

[ScottGem]

As noted, one has nothing to do with the other. If you have not been following up trying to get the child support enforced, then you are the one loasing out.

Whether he refuses the name change or not, you should be pursuing the support issue with the court and with whatever support enforcement agency available to you.

[KR0825]

OK Thanks, I don't believe he files his taxes. But I will call child support, there never really helpful and he lives in the State of Florida, so they tell me well there waiting on Florida etc... since I live in Georgia but he's in Florida do they abide by the rules in Florida or Georgia?

[this8384]

Regardless of which state you or your ex is in, he has to pay court-ordered support; that's the law in every state.

Like we said earlier, go to the courthouse in the county your case is in. Ask the clerk which forms you need to fill out to file for contempt of court against him for non-payment. A hearing will be scheduled for him to come to court and explain to the judge why he hasn't been paying - and he'd better have a good reason.

[ScottGem]

You may have to file in FL, but generally the states havge reciprocal arrangements.

[KR0825]

OK, you all have been very helpful. I really appreciate it!! Have a great week