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    daddybrian's Avatar
    daddybrian Posts: 1, Reputation: 1
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    #1

    Aug 14, 2012, 06:30 PM
    Giving up my parental rights
    OK, I have 2 kids by my ex wife. I've been unemployed for awhile now, and haven't been able to pay my full child support. Well I got a letter from the state about my back child support. And I'm now remarried and have a child with my wife. But no that I'm married, it says that the state can take our tax refund which is msinly the money my wife makes. It is not her responsibility to take care of my other kids. And my ex has them calling her husband daddy and calling me by my real name. Which pisses me off and every time I try to get them, she makes excuses for why I cant. Now in order for my wife and I to be OK and to take care of our son, I'm thinking of giving up my rights. The only other way I can insure that my ex doesn't get my wife's income is to divorce her, but still stat together. And I'm not willing to do that.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Aug 14, 2012, 06:42 PM
    First, even if you could "give up your rights", that would not affect your obligations; specifically to pay child support. The only way that can happen if if her husband wants to adopt his step-children.

    There are ways your wife can keep the state from taking your tax refund in payment of your child support obligation. The IRS calls it an "agrieved spouse" form; your state probably has something similar.

    And finally, child support and visitation rights are not dependent on each other. You have to pay CS even if your visitation rights are not being honored. The way to get your visitation enforced is to bring your ex back to court on that issue.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Aug 14, 2012, 07:57 PM
    Your wife could have filed a form with the IRS so that her share of any refund is returned. That is your and her obligation to do so.

    Next if your income is lower you ask for support paymnet to be lowered.

    You can not give up your rights, and wish this was not on the legal board so I could give my opinion of fathers who worry about money over knowing their children.

    If you visits are not being allowed that is a reason to take them back to court, just like they would you if you don't pay

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