Prepaid support

[menbay]

What is the name of your state? Alabama
In 2006 my fiance paid $35000 to his ex-wife to prepay child support. He was ordered to pay $238 a month. She is now trying to terminate his parental rights for non payment of support. He paid it thru the court and on the reciept says child support, can she have his rights terminated?

 

[LdiJ]

What is the name of your state? Alabama
In 2006 my fiance paid $35000 to his ex-wife to prepay child support. He was ordered to pay $238 a month. She is now trying to terminate his parental rights for non payment of support. He paid it thru the cort and on the reciept says child support, can she have his rights terminated?

Does he have regular contact with his child(ren)? Does the CSE record reflect his lump sum payment?

 

[menbay]

I do not think the cse record does, but I do not know for sure. He sees his son (4 yrs old) as often as she will let him. Until this month, and for the last 2 years it was pretty often (2-3 times a week). She asked him for another lump sum of $25000 last year and when he refused, she filed to have his parental rights taken away. The court already set and had 2 hearings, neither of which he was present at because he wasn't notified. Someone (guess who) gave the court a bogas address, so he was not served and the court continued. He did not know any of this was going on until last month when she asked him to sign away his rights, the night before the most recent hearing. When he told her no way, she said that was ok they would be taken away the next day anyway. He did not know what she was talking about and went to find out the next morning (May 26th)at the circut court. While he was out front trying to find out what was going on, she was in front of the judge. They continued it again and a new court date was set for June 25th. She also told the judge this time, she has not seen him since their divorce 5 years ago. They live less the 200 feet from each other. He has pictures of himself and his son taken at different ages.

 

[LdiJ]

I do not think the cse record does, but I do not know for sure. He sees his son (4 yrs old) as often as she will let him. Until this month, and for the last 2 years it was pretty often (2-3 times a week). She asked him for another lump sum of $25000 last year and when he refused, she filed to have his parental rights taken away. The court already set and had 2 hearings, neither of which he was present at because he wasn't notified. Someone (guess who) gave the court a bogas address, so he was not served and the court continued. He did not know any of this was going on until last month when she asked him to sign away his rights, the night before the most recent hearing. When he told her no way, she said that was ok they would be taken away the next day anyway. He did not know what she was talking about and went to find out the next morning (May 26th)at the circut court. While he was out front trying to find out what was going on, she was in front of the judge. They continued it again and a new court date was set for June 25th. She also told the judge this time, she has not seen him since their divorce 5 years ago. They live less the 200 feet from each other. He has pictures of himself and his son taken at different ages.

Then he needs to show up at that hearing with as much evidence as possible that he has been in the child's life all along, and with the evidence of his prepaid child support. Mom will end up getting seriously "spanked" by the court over this one.

Although, I wonder a little...because if dad wasn't at either hearing then how could you possibly know what she told the judge?

 

[menbay]

He went straight to an attorney when he left the court house. The attorney found out several days later what she said and told him. He then went to the clerks office and changed his address to the right one. As of right now, she has sole custody and he has supervised visititation. This was supposed to change in August and dad was supposed to get to see son every other weekend. Since May 26th, she will not let him see his son tells dad that there is a restraining order and she will have him arrested if he tries to see his son. The attorney says that isn't true. This is getting bad for his son and she went so far as to tell the son that "J....", is no longer his dad will not be seeing him except on Christmas. His son told him this yesterday on the phone.

 

[LdiJ]

He went straight to an attorney when he left the court house. The attorney found out several days later what she said and told him. He then went to the clerks office and changed his address to the right one. As of right now, she has sole custody and he has supervised visititation. This was supposed to change in August and dad was supposed to get to see son every other weekend. Since May 26th, she will not let him see his son tells dad that there is a restraining order and she will have him arrested if he tries to see his son. The attorney says that isn't true. This is getting bad for his son and she went so far as to tell the son that "J....", is no longer his dad will not be seeing him except on Christmas. His son told him this yesterday on the phone.

Hopefully he has hired that attorney, because he probably needs one.

 

[menbay]

His going to pay the retainer fee tomorrow. This all took him by suprise and he just got the money together. $35000 prepays his support for 12 years, can she say he is not paying support, when he already prepaid it?

 

[menbay]

Also, because of this stunt she has pulled he is seriously wondering about her fitness as a mother. Can he use this as grounds to go ahead and modify the custody agreement?

 

[LdiJ]

His going to pay the retainer fee tomorrow. This all took him by suprise and he just got the money together. $35000 prepays his support for 12 years, can she say he is not paying support, when he already prepaid it?

If he is telling you the truth and the court accepted a lump sum payment, then no she can't say that....or rather she CAN say that, but the court won't believe her if he can prove it.

 

[Ohiogal]

His going to pay the retainer fee tomorrow. This all took him by suprise and he just got the money together. $35000 prepays his support for 12 years, can she say he is not paying support, when he already prepaid it?

35k only prepays support for 12 years if it is never fluctuates upwards. As well as if there were never any arrears.

 

[menbay]

Ohiogal- you are right, and he does not want to jip his son out of anything, ever. His ex is being impossible and he is worried about what all of this is doing to his son. He is devistated at the thought that this woman is telling their son that his father is not going to be his father anymore. Also, because of this stunt she has pulled he is seriously wondering about her fitness as a mother. Can he use this as grounds to go ahead and modify the custody agreement?

 

[Ohiogal]

Ohiogal- you are right, and he does not want to jip his son out of anything, ever. His ex is being impossible and he is worried about what all of this is doing to his son. He is devistated at the thought that this woman is telling their son that his father is not going to be his father anymore. Also, because of this stunt she has pulled he is seriously wondering about her fitness as a mother. Can he use this as grounds to go ahead and modify the custody agreement?

yes and he should.

 

[menbay]

thank you for your help

 

[fairisfair]

Am i the ONLY one wondering how a guy that is ordered to pay a mere $238 a month in child support suddenly has $35K to prepay for 12 years??????

 

[CourtClerk]

Am i the ONLY one wondering how a guy that is ordered to pay a mere $238 a month in child support suddenly has $35K to prepay for 12 years??????

Well, I just read this... and it is an awfully GOOD question. Seems like mom needs a SERIOUS modification and her proof that he has the income is that he had 35K to prepay his CS.