Change name and keep child support

[a cad man]

What is the name of your state? Florida

My girlfriend's ex-husband is MIA (England?). He owes 80k+ in back child support and alimony. During the divorce he refused to participate and attend, so she got full custody and he was not granted any visitation rights. But he was ordered to pay child support each month (if only he could be found to do so).

So there is the question, if she changes the child's name (as the sole parent is allowed to do) does that in some way change the child support responsibility that lies with him? I'm sure he could return to Florida and court to attempt to remove responsibility for the child. But at that point a case could be made that in the desire to give the child a stable life his name was changed to match that of the mother. If Mr. Deadbeat would like to rejoin his life his name could be changed back no doubt.

comments?

[Blue Meanie]

What makes you think she can change the child's name without permission from the child's father??

[a cad man]

I guess that is my question as well.

Doesn't sole custody of the child grant that right as well? Hmmm

I have seen many forms for name change and they include a spot for the other parent to sign. But they also include a form for when the other parent can not be located, adding steps for discovery to locate him to get approval, and then if proved fruitless permitted the name change.

Since this wonderful father vanished, hasn't called his son since Feb, and hasn't paid a cent all year, hmmm. Also if the Dept of Revenue can not find him I kinda doubt the mother would be able to locate him for a name change agreement. Thereby sidestepping his signing being required.

[Blue Meanie]

Originally Posted by a cad man

I guess that is my question as well.

Doesn't sole custody of the child grant that right as well? Hmmm

I have seen many forms for name change and they include a spot for the other parent to sign. But they also include a form for when the other parent can not be located, adding steps for discovery to locate him to get approval, and then if proved fruitless permitted the name change.

Since this wonderful father vanished, hasn't called his son since Feb, and hasn't paid a cent all year, hmmm. Also if the Dept of Revenue can not find him I kinda doubt the mother would be able to locate him for a name change agreement. Thereby sidestepping his signing being required.

It still isn't your girlfriends decision to make. She would have to follow the legal steps to procure the name change. No contact since February and not paying support are not sufficient reasons to change the child's name.
How old is the child?

[milspecgirl]

the fact that you can't find him makes it all the harder. she will have to have his permission or PROVE that he was served.
also, a lot depends on the age of the child, etc

[Blue Meanie]

I don't know why someone would report my post but I am posting it again as there is nothing abusive or incorrect in it!


It still isn't your girlfriends decision to make. She would have to follow the legal steps to procure the name change. No contact since February and not paying support are not sufficient reasons to change the child's name.
How old is the child?

[a cad man]

Thanks for the reply. I feel she has a good chance due to this:

[url]http://www.fljud13.org/pdfs/fiu/name2_25.pdf[/url]

Which is a step-by-step form to follow for the courts. A first step is a summons, which will fail of course since he refuses to be located since he is avoiding the CS/ALM. Then it looks like after 20 days of no response she can proceed without concent.

Do you agree with my assesment?

[a cad man]

The child is a 6y boy.

[moburkes]

Seriously? She mad a bad decision with the first father. How is is known that she won't make a bad decision with you? 50% of marriages end in divorce. More than 50% of 2nd marriages end in divorce. Why doesn't she keep her name, so that she has the same name as her child, instead of expecting her child to change his name?

[a cad man]

I appreciate the feedback, but I never said that she wanted to change the boys last name to mine. In this case HER last name is her maiden name, her son has the last name of the non-existant father. She is wanted to align his last name with her 2 other kids. Regardless, thanks for the vote of confidence.

[moburkes]

Damn! She's got 3 kids with 2 dads (at least), and now on another relationship. Geez.

[CJane]

Originally Posted by moburkes

Damn! She's got 3 kids with 2 dads (at least), and now on another relationship. Geez.

HEY! I resemble that remark. How else would I have ended up with a 10 year old, an 8 year old (both from my marriage) and a 20 month old (from asshat)?

[moburkes]

Originally Posted by CJane

HEY! I resemble that remark. How else would I have ended up with a 10 year old, an 8 year old (both from my marriage) and a 20 month old (from asshat)?

Resemble away**************..

[CJane]

Originally Posted by a cad man

The child is a 6y boy.

Since the child has already started school, it's unlikely that a judge would approve a name change barring pretty extreme circumstances (dad is in prison for a heinous crime, etc).

Mom's just gonna have to deal with what women the world over deal with... a different name than one/all of her kids. It's really not a hardship.

[nextwife]

This is NOT an ADOPTION question and does not belong in the adoption forum. Adoptive parents assume the responsibility to support the children they add to their family.

It is a child custody, etc matter.