How can i get my ex-husband pay retroactive child support?
My ex husband and i divorced in Oct 2006 with me having primary physical custody and should received child support with the amount of $700 for our 2 kids. Since the divorce my finances have been going the down the drain. my car was repossessed on Nov 2006 for non payment since my ex husband never paid me the initial CS payment. On Dec 2006 My ex husband offered to co-sign for a car in return for waiving the child support. He made me sign a piece of paper stating that he don't have to pay CS until i can get this new car financed just under my name. With no job and no CS i tried everything i could to keep my promise and with no help from my ex. On March 2007, due to all my financial hardships he offered to send our kids to Washington State to his parents for a year to help me get back on my feet and changed the custody to joint physical custody with no child support due to either one of us. At this time also, the car that he co-signed for was repossessed. Well the 1 year didn't happen. Our kids came back to me on May 2007,and i ask my ex-husband if we can modify the decree to where i should get custody and child support again but he refuses because he just don't want to pay child support. The decree stated that we were supposed to have the kids 55/45 a week but he just get them every other weekend for a day or two and i'm left with them the whole week with no help on daycare. He'd buy them clothes once in a while and buy them expensive toys but that's not what i wanted. I actually needed the Child support so i can actually afford to stay at our own place. I've moved from friends places to another every two weeks because i couldn't afford the rent and my ex is not willing to help. He's in the military and moved to Oklahoma of June 2008 and refused to modify the decree to me having Physical custody and to receive child support. I recently filed Bankruptcy chapter 7 and was discharged. Since I've been insisting that i want the decree modify, he now wants to Terminate his parental rights so he doesn't have to pay me a dime. I don't know what to do. I recently got married to my new husband and my ex wants me to have my husband adopt the kids in order for him to terminal his rights. I need help. Can he voluntary terminate his rights and still wants to see his kids? I don't understand.
1 Answer from Attorneys
If your husband wants to adopt the children, the children's father does not even have to have his rights terminated, he can just sign a consent to adopt. If he does that, it is solely up to you and your current husband as to what role the children's father would have in their lives. They could never see him or treat him more like an uncle. He won't win if he petitioned the court to voluntarily terminate his parental rights if you don't approve or have your husband adopt the children.
If you don't want the adoption, you can get primary custody back since the father is in Oklahoma. We would just file a motion and your would get primary and then you would get your child support back.
If you would like an appointment, you can email me to set it up.