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razaa_6 · Aug 9, 2007, 08:04 AM

My ex has agreed to ask the courts for me to stop paying child support... she has filled out the form that the courts needs to stop this order, I have signed it and she has signed it.. will the courts give us any problems with this request? I am in the state of Wisconsin.

Foxy459459 · Aug 9, 2007, 08:22 AM

They shouldn't if you both agree.

GV70 · Aug 9, 2007, 08:45 AM

There is one important condition-she should NOT be on welfare... now and any more... If she is on WF it is possible the child support to be modified retroactive.

GV70 · Aug 9, 2007, 09:25 AM

macksmom , to define more accurately the question... neither the court nor the state pay... the state collects taxes , etc... The WF is payd by tax-payers.
It is not harassment. I do not like my taxes to go to someone's pocket because there is irresponsible parents for their children.

macksmom · Aug 9, 2007, 09:50 AM

I was meaning the people contained in the "court/state"... I fully know that taxpayers pay for welfare.

Simply agreeing that that court/state do not want to see the people supporting the child... that is what the parents are for.

And in Ohio, once a child support order is legalized there is no way to terminate it. It is indefinite... unless of course, the child is legally adopted.

kharmouzi · Aug 9, 2007, 10:17 AM

Originally Posted by macksmom

I was meaning the people contained in the "court/state"....I fully know that taxpayers pay for welfare.

Simply agreeing that that court/state do not want to see the people supporting the child....that is what the parents are for.

And in Ohio, once a child support order is legalized there is no way to terminate it. It is indefinite...unless of course, the child is legally adopted.

Colorado is the same way... the only way to stop a child support order is if the parent paying terminates their parental rights.

GV70 · Aug 9, 2007, 10:36 AM

Originally Posted by kharmouzi

Colorado is the same way...the only way to stop a child support order is if the parent paying terminates their parental rights.

Wrong... terminating parental rights means terminating parental RIGHTS not OBLIGATIONS and DUTIES.You can have your rights terminated but you still is obligated to pay child support unles the example which macksmom gave in her previous post.

ScottGem · Aug 9, 2007, 10:40 AM

This is actually an odd situation. It is rare that a paying parent is released by the custodial parent from financial responsibility as appears to be the case here. The circumstances of this happening weren't made clear, but if both parties agree and the welfare of the child is not affected, then I would think the courts would grant it.

But such a release would be contingent on the custodial parent never asking for public support.

kharmouzi · Aug 9, 2007, 10:47 AM

Originally Posted by GV70

Wrong...terminating parental rights means terminating parental RIGHTS not OBLIGATIONS and DUTIES.You can have your rights terminated but you still is obligated to pay child support unles the example which macksmom gave in her previous post.

Actually... I have spoken with my Child Support Enforcement Agency about this cause I am looking at terminating my ex-husbands rights in preparation for my fiancé to adopt my daughter after we are married. I was informed by my tech that I would have to terminate 1st and when that happens the only support that he will be obligated to pay is any back child support that he may owe... he will no longer have to pay current support and will no longer have the right to her on his taxes.

GV70 · Aug 9, 2007, 10:50 AM

Scott, anyone has right to ask for public support... and here is the problem... If she asks for public support the Child Support Enforcement will "catch" him immediately and it should not surprise us that he will have to pay retroactive child support notwithstanding their agreement.

GV70 · Aug 9, 2007, 10:52 AM

Originally Posted by kharmouzi

Actually...I have spoken with my Child Support Enforcement Agency about this cause I am looking at terminating my ex-husbands rights in preperation for my fiance to adopt my daughter after we are married. I was informed by my tech that I would have to terminate 1st and when that happens the only support that he will be obligated to pay is any back child support that he may owe...he will no longer have to pay current support and will no longer have the right to her on his taxes.

Right... in some measure.he will be obligated to pay till the adoption .

kharmouzi · Aug 9, 2007, 10:54 AM

GV--according to my tech... the adoption date doesn't matter... he would no longer be obligated from the date that the judge signs the termination papers.

GV70 · Aug 9, 2007, 11:01 AM

Originally Posted by kharmouzi

GV--according to my tech...the adoption date doesn't matter....he would no longer be obligated from the date that the judge signs the termination papers.

I do not who is your TECH or what his/her training is,but it is wrong answer.Believe me- I know a lot of cases where one of parents has his right terminated and is still obligated to pay child support.These are two different legal terms.

ScottGem · Aug 9, 2007, 11:02 AM

Originally Posted by kharmouzi

Actually...I have spoken with my Child Support Enforcement Agency about this cause I am looking at terminating my ex-husbands rights in preperation for my fiance to adopt my daughter after we are married. I was informed by my tech that I would have to terminate 1st and when that happens the only support that he will be obligated to pay is any back child support that he may owe...he will no longer have to pay current support and will no longer have the right to her on his taxes.

What you were told is about right. The key here is "in preperation for my fiance to adopt my daughter". Adoption terminates a parents rights AND responsibilities. Terminating rights though does not terminate responsibilities. That's the difference. And YOU cannot terminate your ex's rights, he ahs to agree to it. The exception would be in a case of total abandonment (you can't find the ex) or the ex is a danger to the child.

Originally Posted by kharmouzi

GV--according to my tech...the adoption date doesn't matter....he would no longer be obligated from the date that the judge signs the termination papers.

This too is probably correct. But what the tech didn't say is that the termination of rights would probably NOT be granted separately. Generally the judge will have a single hearing where the parent being terminated acknowledges his decision to relinquish and the judge then grants it and the adoption.

GV70 · Aug 9, 2007, 11:11 AM

Originally Posted by ScottGem

This too is probably correct. But what the tech didn't say is that the termination of rights would probably NOT be granted separately. Generally the judge will have a single hearing where the parent being terminated acknowledges his decision to relinquish and the judge then grants it and the adoption.

Unless his ex has someone willing to adopt her/her fiance/ then terminating his rights would only stop his right to visitation, but his obligation to support her would continue