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concernedmom616 · Dec 8, 2011, 08:04 AM

I'm curious to know what my options are. Ex fiancŽ is almost 12 months behind in child support. Claims he has been recently diagnosed with Bipolar and is unable to drive/get a job due to medications he is on. Has no property in his name. I realize now it would be better for my son to not have this man in his life whatsoever. I would like to have him simply sign off on his parental rights, but after reading some of the articles posted here, I realize that is not likely. Are there any options out there that I am not aware of? He lives in a different state, so I have been told by DCFS that their "enforcement team" will have to do some research before taking any action, and that may take several months. Any help would be greatly appreciated.

Fr_Chuck · Dec 8, 2011, 08:31 AM

Have your attorney file to bring him back to court. Ask for contempt of court for non payment.

BUT> if he has no money, has no income ( if that is true) then in some states he will owe no child support, and in others it will be very little perhaps 15 or 20 dollars a week at most)

So his also has the right to file in court to ask for support be lowered to meet his current income.

At the end of the day you can't get money if he has no money to give you.

And no you can not take his rights away, and his visitation order that was done by the court ( assume there is one) is still in force, you can try to get it modified to reduce the time he is allowed to visit.

concernedmom616 · Dec 8, 2011, 01:57 PM

Thank you for the response. It just feels like I'm darned if I do, and darned if I don't He pays NOTHING, makes NO attempt to see our son (last saw him over a year ago) and there is little chance of revoking his parental rights. It feels like I have no options. My son deserves better than this. I'm just sad.

twinkiedooter · Dec 9, 2011, 05:53 PM

You may want to just wait this out. The reason I say this is if he somehow gets on Disability - your son will be eliglble to collect his own check off his father's check. Has he applied for disability yet that you know of?

concernedmom616 · Dec 12, 2011, 12:04 PM

That was my initial thought as well. He has applied for disability, and has been denied. To the best of my understanding, the disability process can take years. My bigger concern is I now feel like my son would be far better without this man in his life. And I don't know if there is anything I can do about that. I have contacted an attorney, asking if I could waive all of his financial obligation if he signs off on all parental rights. I have been told that I would have to take him to court to do so, and would more than likely lose. And this man is refusing to let me change my son's last name to mine, as he says"That's my namesake" . I just feel like there is no good solution, and was wondering if there were options that I was not aware of.