filing motion for contempt for CS. Do I include the termination papers he signed ?

[mommyof4]

in Florida, if you terminate your rights, you still pay child support because if that were the case, ANYONE could just sign papers and never be heard of again.

You didn't read my post about this, did you? Continuation of CS is NOT a default setting, even in Florida. It has to be specifically ruled that it is in the best interest of the child for the parent-who-is-not-the-parent to continue to help support the child with no right to any other contact.

If it's not ordered (not just provided as a possibility in the FL statutes) he is NOT required to pay any ongoing child support. The arrearage, however, is a different story as he owes that money from before the date of TPR.

 

[Ohiogal]

Ok, like I said, that WOULD be a relief because then he could just disappear like he WANTS to. Not that I want him to, because I don't think that that is fair AT ALL to my daughter. I WANT her to know him and have a relationship with him. I said I would have to call my lawyer because like she said, in Florida, if you terminate your rights, you still pay child support because if that were the case, ANYONE could just sign papers and never be heard of again. If it is YOUR decision to terminate your rights and you follow through and sign the papers, the court obviously still finds you somewhat responsible for the child, even if your not legally the mother or father or the child. I think that might be why its NOT in the paperwork because it is just understood that that is the law in Florida and doesn't HAVE to be stated in the paperwork ? BUT I have made contact with my lawyer and if anything, I will ask her to redraft the papers with the child support stipulation in them.

You have a signed order? Ummm, yeah lets put it this way. Your attorney cannot jsut draft a new order and have the judge sign something different because you want it that way. Just walk away.

You are right however, some people SHOULDN'T have sex. But what can I do?

You can make sure before you spread your legs for anyone that you know what kind of a parent they will make.

I cant make him care about her more..And I cant MAKE him want to be around. I would rather sign those papers, and know where he is, and let them see each other and her KNOW who he is, than have him potentially run off and have to answer the "who is my daddy?" question. He still wants to know her, But I guess he just wasn't ready for the full responsibility ? (he would go weeks without exercising his visitation, which i cant MAKE him do) So this way, I guess everyone is happy, and they will know each other to an extent, and that extent is up to him ultimately.

OMG. You people are all crazy.

 

[Gracie3787]

This may be a stupid question, but doesn't that sound somewhat incomplete for a TPR?

That's not a stupid question at all. You're right, it is incomplete, normally in a TPR the CS is mentioned. Either it would state that the prior order was vacated, that CS will still be paid, or that the accrued arrears are $blank, and either forgiven or ordered to be paid.

OP, how long ago was this order for TPR issued? If it was very recently, speak to your attroney about possibly filing for a clarification of the order. I do agree with others, it might be best just to leave the whole thing alone because trying to force on-going support, or even payment of arrears at this point, just might bring more problems that it's worth.

 

[OhReally?]

I said I would have to call my lawyer because like she said, in Florida, if you terminate your rights, you still pay child support because if that were the case, ANYONE could just sign papers and never be heard of again.

And that is dead wrong. When one's parental rights are terminated (except in extreme cases), it's just that. They're rights AND responsibilities (including future support) is terminated. I direct you to #3 in what you cited previously. Are you sure you are not talking PARENTING TIME rights??? I am even skeptical of all of this because I wouldn't thikn a Judge would actually sign off on someone voluntarily forgiving their right to parenting time....UNLESS the court ordered the parent and step-parent to move forward with a step-parent adoption.

You also need to be reminded that "someone at the court house" or whomever you talked to that was NOT a Judge or Magistrate is simply an employee. That's it. They are NOT the Judge or Magistrate.

 

[OhReally?]

Ummm, yeah lets put it this way. Your attorney cannot jsut draft a new order and have the judge sign something different because you want it that way. Just walk away..

Plus, wouldn't the person filing have to show something pretty out-of-the-ordinary -- like fraud or something along those lines?

Also, I noticed that there was no indication that in this alleged "TPR" that the amount of arrearages allegedly still owed is on a payment schedule. I would think that would be addressed in a TPR. But then again, the forgiveness of any arrearage would be addressed as well. At least one would think.

Something doesn't sound right here.

 

[Ohiogal]

Me thinks it is not an actual TPR but more like a termination of visitation rights. In which case all prior child support orders -- and all other orders NOT changed by this order -- are still in effect.

 

[Just Blue]

Me thinks it is not an actual TPR but more like a termination of visitation rights. In which case all prior child support orders -- and all other orders NOT changed by this order -- are still in effect.

Would the father be able to go back to court and seek visitation in the future?

 

[txrose1998]

Me thinks it is not an actual TPR but more like a termination of visitation rights. In which case all prior child support orders -- and all other orders NOT changed by this order -- are still in effect.

Exactly what I was thinking....it kind of reads like my most recent CO. Where the father has no VISITATION RIGHTS. I would imagine that a TPR states things a lot more conclusively.

 

[Jaylynnsmommy]

this is so confusing ! well what should I do then ? The TPR was signed by the judge in August of 07'. Shouldn't my lawyer have mentioned something about he child support in the papers then ? Because all she did was TELL me that he still had to pay AFTER the fact. Why wouldn't that be put in the papers ? I'm just going to call her and ask what in the WORLD those papers mean then. Because if he really isn't liable for any future support, and I had never asked this question, and he continued to pay for 16 more years, wouldn't I eventually OWE him back what he paid ? even if I hadn't known better ?

I appreciate your advice, I really do, and I plan to act on it, and I thank you. I don't know the law, and thats why I came here, for LEGAL advice, not for perfect strangers to give me pointers on my sex life. You ARE wiser on these subjects, and know MUCH more about these things than I do, but this thread was to ask a question regarding legal papers, not about spreading my legs. Not trying to be a smart a$$, its just not necessary to want to help people with things that they come to you for, and you're willing to help with. If I wanted to hear things like that, I would be a guest on some talk show or something.

 

[OhReally?]

this is so confusing ! well what should I do then ? The TPR was signed by the judge in August of 07'. Shouldn't my lawyer have mentioned something about he child support in the papers then ? Because all she did was TELL me that he still had to pay AFTER the fact. Why wouldn't that be put in the papers ? I'm just going to call her and ask what in the WORLD those papers mean then. Because if he really isn't liable for any future support, and I had never asked this question, and he continued to pay for 16 more years, wouldn't I eventually OWE him back what he paid ? even if I hadn't known better ?

What exactly does the order say -- in regards to that ACTUAL ACTION taken??? It should be in the first 1 or 2 sentences and definitely somewhere in the last sentence or two of the Judge's order.

If his VISITATION rights are terminated, there is no way a Judge would order or include language that says "parental rights" terminated....unless the Judge was drunk. lol Parental rights being terminated is just that -- EVERYTHING is terminated -- including the responsibility for paying CS>

 

[Jaylynnsmommy]

Here's what the paper says :

the parties file this joint stipulation to amend the paternity settlement agreement and final judgment of paternity entered (date) and agree as follows:

1. the mother shall have sole parental responsibility of the minor child.
2. the mother will do her best to continue to foster a loving relationship between the minor child and the paternal grandparents.
3.the father shall surrender all parental rights to the child and waive any further notice of upon the signing of this agreement.
4.the mother shall be permitted to claim the dependency exemption and any deductions for the minor child, provided under SS.1521 (e) of the internal revenue code for the tax year 2007 and any year afterwards. (we agreed to trade years) The parties shall sign any necessary documentation of effectuate this.
5.the mother shall no longer have restrictions for relocation with the minor child.


then i received this from my lawyer :

order ratifying joint stipulation to amend the paternity settlement agreement and final judgment of paternity entered (date) voluntary petition for termination of parental rights as to the father (___________)

UPON CONSIDERATION of the parties joint stipulation to amend the paternity settlement agreement and final judgment of paternity entered (date), the court, having reviewed the file and being otherwise fully advised in the premises, does hereby
ORDER, ADJUDGE and DECREE:
1. the stipulation of the parties herein above referenced is approved and ratified.
2. the parties are ordered to comply with the terms thereof and conduct themselves in a manner consistent therewith.
DONE AND ORDERED, in chambers (county, state)

and was signed by the circuit judge.


with all of that, he and I were both under the impression from BOTH of our lawyers that he is still obligated to pay child support until the DAY she is adopted, or turns 18, or dies etc, etc. (I wasn't implying that I was having her adopted, its just what my lawyer said, I'm sorry I didn't make that clear)

here's the papers, and its word for word besides the dates and names.

 

[Jaylynnsmommy]

I am so confused right now its not even funny. i talked to my mother about this last night, and i told her what everyone was saying on here, and she told me my lawyer said that he owed child support, and her assistant said something about him NOT owing support.

 

[3UofMfans]

Could it be that this doesn't address support because it is an amendment to an existing order and only addresses the issues being amended?

Also, is this terminating his rights or just giving mom sole legal custody?

 

[mommyof4]

If it is not ordered that he will continue to pay child support, then he doesn't have to pay chid support.

If he owes arrears, he DOES have to pay that. Maybe THAT is what your attorney is talking about.

 

[>Charlotte<]

If it is not ordered that he will continue to pay child support, then he doesn't have to pay chid support.

I would think that if there was ever an order for him to pay child support, termination of that support would require specific language stating such. So, I see it as the other way around--if it doesn't say he no longer has to pay support, then he must continue to pay support.

It's also possible that termination of parental rights does not necessarily terminate parental obligations. Perhaps the purpose of this order is meant to remove his right to share decision making and leaves that to the sole discretion of OP, but retains his status as the "father."

In any case, OP, this is far too important to resolve on an Internet message board. I understand you've already asked your attorney for clarification, but if you still don't understand, ask him again...and again, and again, until you do.