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Haight · Nov 9, 2008, 11:14 AM

My son's father lives in MO and I live in TX. He has made no effort to be a father yet he won't give up his rights to him and won't pay child support. I believe he is about to go to jail for possession of narcotics is there anyway I can take his rights away from him and still get the back child support he owes me for our now 18 month old child even though my husband is going to adopt him?

ScottGem · Nov 9, 2008, 12:06 PM

You might be able to terminate rights if he's going to jail. That would allow your husband to adopt. You could still try to collect on the back support, but I tend to doubt that there are any assets to collect from.

I would offer to forgive the arrears if he will relinquish rights.

stinawords · Nov 9, 2008, 12:53 PM

If he does go to jail and you have been married to your husband for at least one year then you should get an adoption attorney (required) and try for the adoption. That is basically the only way that the rights will be terminated him being in jail will stregthen your case for adoption. However, I don't see the back support being paid especially since Texas, like my state stops child support when rights are terminated.

cdad · Nov 9, 2008, 12:54 PM

Originally Posted by Haight

My son's father lives in MO and I live in TX. He has made no effort to be a father yet he won't give up his rights to him and won't pay child support. I believe he is about to go to jail for possession of narcotics is there anyway I can take his rights away from him and still get the back child support he owes me for our now 18 month old child even though my husband is going to adopt him?

Does he work or is he employed somehow ? Is there a child support order already in place ?

ScottGem · Nov 9, 2008, 01:04 PM

Originally Posted by stinawords

However, I don't see the back support being paid especially since Texas, like my state stops child support when rights are terminated.

As far as I know, an adoption ends any future support obligation in every state. But I'm not sure that, even if support ends with a TPR, that it applies to back support owed.

stinawords · Nov 9, 2008, 02:32 PM

Originally Posted by ScottGem

As far as I know, an adoption ends any future support obligation in every state. But I'm not sure that, even if support ends with a TPR, that it applies to back support owed.

You are right adoption in everystate ends current and future support that I am aware of as well. However, since the child is only 18months old it isn't likely that she has been married that long (I could very well be wrong on that). So basically her best hope at getting a TPR granted is if he goes to jail and generally if a TPR is granted and support has been owed for less than two (maybe three) years and has built up in arrears it can taken away as sort of a barganing tool for the ncp. This isn't always the case but with out knowing the exact case I was just giving my best guess.

macksmom · Nov 10, 2008, 08:16 PM

I know the laws vary state to state but my husband just adopted my daughter (finally got her bio father to relinquish his rights). He only owed about $1,000 in back child support. I could have agreed to waive it, but I didn't, thus he is still liable for it. I just got the court papers in the mail a few weeks ago to terminate the current child support order. All child support being taken out of his paychecks are being held in escrow by the court until the termination order is final, then they will release it, given it's not more than what is owed in back child support. If it doesn't satisfy the arrearages then he will continue to pay until it is liquidated.

Fr_Chuck · Nov 10, 2008, 08:27 PM

I will assume you have a child support order in place, is child support enforcement in MO chasing him down for the money,
Have they taken his drivers license away yet, has he had to go to jail for the back support,

Not all states will take the rights away for going to prison, that is different in different states, and will also at times depend on the crime.