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julssweetie25 · Jul 13, 2009, 01:18 PM

Hi I have a 3 year old son and the father has never once paid child surport and I have done tons to fight for it and also I just got marryed to a great guy that has been there for my son since he was born and we would like to change his last name but I know if he adopts him the father will not sign and we don't have the money to fight or go trough the process is there anyway of just changing his last name with out him having to sign or costing so much?

ScottGem · Jul 13, 2009, 01:30 PM

Not legally. However a person can go by any name they want as long as there is no intent to defraud. When you register him for school, explain the circumstances and tell the school that even though his legal name is John Doe, you want they to refer to him as John Smith. Normally they will accommodate.

I'm curious as to why you can't get support from the father. Have you asked the court that he be jailed for contempt of court?

stinawords · Jul 13, 2009, 01:59 PM

Have you asked the child support enforcement to help you get the support that you were ordered? There are consequences for not paying the ordered support. As for the name, no, not legally but your child can be called whatever you want as long as on legal documents the legal name is used.

julssweetie25 · Jul 13, 2009, 04:45 PM

Originally Posted by ScottGem

Not legally. However a person can go by any name they want as long as there is no intent to defraud. When you register him for school, explain the circumstances and tell the school that even though his legal name is John Doe, you want they to refer to him as John Smith. Normally they will accomodate.

I'm curious as to why you can't get support from the father. Have you asked the court that he be jailed for contempt of court?

Well just to let you know yes he's been to jail and that does not faze him so he got out and nothing to it and also its not like he cared to have his drivers lic taken away he doesn't have a car so I'm in a lose lose situration that's why I was asking

julssweetie25 · Jul 13, 2009, 04:52 PM

He has gotten around all of the loop holes around me trying to get child surport so please tell me a nother way to get my sons name changed he has gone to jail and it didn't even faze him he didn't care when they took his driver lic. He doesn't have a car and I keep hoping for his tax money but I guess he doesn't even have a job he's a low life so any one please tell me how to change my sons last name with out having him sign he's seen him once since he was born and hasn't paid a dime and he's 3 so please help.

ScottGem · Jul 13, 2009, 04:55 PM

Originally Posted by julssweetie25

well just to let you know yes hes been to jail and that does not faze him so he got out and nothing to it and also its not like he cared to have his drivers lic taken away he doesnt have a car so im in a lose lose situration thats why i was asking

In a situation like this, you MAY be able to force a Termination of Parental Rights. A parent who doesn't care about going to jail or losing his license, doesn't deserve to be a parent. If you take this to court showing this history, you might find the court willing to allow your husband to adopt.

I would strongly suggest getting an attorney to prepare the adoption petition. But I believe its worth a try. If you were just trying to get a TPR I wouldn't think it would fly, but if your husband is willing to adopt I think it may.

JudyKayTee · Jul 13, 2009, 04:56 PM

No one on this site will help you get around the Law - unfortunately, any attempt to bypass what is required legally is in fact, against the law and could very well backfire at some time.

We can't help you with loopholes.

ScottGem · Jul 13, 2009, 04:57 PM

I've merged your threads, please keep questions about the same issue to one thread.

N0help4u · Jul 13, 2009, 04:59 PM

Originally Posted by julssweetie25

he has gotten around all of the loop holes around me trying to get child surport so please tell me a nother way to get my sons name changed he has gone to jail and it didnt even faze him he didnt care when they toke his driver lic. he doesnt have a car and i keep hoping for his tax money but i guess he doesnt even have a job hes a low life so any one please tell me how to change my sons last name with out having him sign hes seen him once since he was born and hasnt paid a dime and hes 3 so please help.

A name change isn't going to do a thing and I don't think you could even do it unless you had his approval and the Judges.
The only thing I see it doing is having him gloat even more that he won.
What do you hope to gain by changing his name?
Are you wanting to do it to help the guy out thinking that if you change your sons name his support will end or what?