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

[Jaylynnsmommy]

What is the name of your state? Florida :]

I've filled out all the paperwork to take my ex to court for the over $4000 he owes me in child support. I made copies of all the paperwork, and I talked to a lady at the courthouse today who said its free to file the motion for contempt. Here's my question.

My ex terminated his rights, but is still legally bound to child support until my daughter is adopted. Do I have to include a copy of the termination papers in the motion ? The whole group of original paperwork includes 13 paragraphs and only ONE is about the child support. So should I include the termination papers to prove that none of the other paragraphs are relevant anymore ?

Thank you !

 

[Ohiogal]

Are you SURE he is legally bound to pay child support if his rights have been terminated?

 

[Just Blue]

What is the name of your state? Florida :]

I've filled out all the paperwork to take my ex to court for the over $4000 he owes me in child support. I made copies of all the paperwork, and I talked to a lady at the courthouse today who said its free to file the motion for contempt. Here's my question.

My ex terminated his rights, but is still legally bound to child support until my daughter is adopted. Do I have to include a copy of the termination papers in the motion ? The whole group of original paperwork includes 13 paragraphs and only ONE is about the child support. So should I include the termination papers to prove that none of the other paragraphs are relevant anymore ?

Thank you !

Only a Judge can terminate the rights of a parent. Are you sure his parental rights are terminated and not his visitation rights?? If he did a TPR then he no longer the father and shouldn't be liable for support of his non-child. When is the adoption??

 

[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)

 

[Jaylynnsmommy]

Only a Judge can terminate the rights of a parent. Are you sure his parental rights are terminated and not his visitation rights?? If he did a TPR then he no longer the father and shouldn't be liable for support of his non-child. When is the adoption??

I thought it would have been a lot harder for him to terminate his rights, because my lawyer was even skeptical. She said she would draw up the paper, and even if he signed it, the judge might not sign it. But I don't know what went on. It was put in some paperwork from HIS lawyer to the judge that he was terminating his rights to going the military. (his recruiter told him that since he was a single parent, they wouldn't allow him to enlist, and I remember someone telling me thats a load of crap, but I had nothing to do with that, and all I know about that is what came from his lips.) So either way, the judge signed it, and we are both of the understanding that he "pays child support until someone accepts legal responsibility for her said minor child or minor child comes of legal age" (adoption, or she turns 18)

 

[Just Blue]

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)

Under the impression? From what? His rights were terminated. He has no child. No child = No obligation to support.

You can't have it both ways. He is either Dad with a legal obligation to support or NOT Dad and a legal stranger to the child with no obligation to support this not-his-child.

There is no stipulation in what you posted that child support will continue until adoption.

 

[Ohiogal]

I thought it would have been a lot harder for him to terminate his rights, because my lawyer was even skeptical. She said she would draw up the paper, and even if he signed it, the judge might not sign it. But I don't know what went on. It was put in some paperwork from HIS lawyer to the judge that he was terminating his rights to going the military. (his recruiter told him that since he was a single parent, they wouldn't allow him to enlist, and I remember someone telling me thats a load of crap, but I had nothing to do with that, and all I know about that is what came from his lips.) So either way, the judge signed it, and we are both of the understanding that he "pays child support until someone accepts legal responsibility for her said minor child or minor child comes of legal age" (adoption, or she turns 18)

No where in that order does it say he pays support. So guess what -- he doesn't and you have no case for contempt. Except if you bring that case then be prepared that daddy will ask for visitation/custody because you see you would be arguing that his rights were not terminated.

 

[Jaylynnsmommy]

I'll have to call my lawyer then and ask her whats going on with that then... that worries me. So then would I still have a case against him for the $4000+ he owes me from before he terminated his rights ?

I know this may sound stupid, but its kind of a relief to hear you all say that. That just means that now he can REALLY go away like he wanted I guess. What exactly should I do then ? because he has paid me a few times since he signed the papers, would that just get deducted from what he owes me ?

 

[mommyof4]

Yes, the money he has paid (assuming that it has been paid in accordance with the support order that was in effect) would go toward the $4,000.

If you really just want him to go away, why are you even considering hauling him into court? I get that he owes money, but isn't your peace of mind and your life with your child worth at least $4,000?

Just let it go.

 

[Just Blue]

I'll have to call my lawyer then and ask her whats going on with that then... that worries me. So then would I still have a case against him for the $4000+ he owes me from before he terminated his rights ?

I know this may sound stupid, but its kind of a relief to hear you all say that. That just means that now he can REALLY go away like he wanted I guess. What exactly should I do then ? because he has paid me a few times since he signed the papers, would that just get deducted from what he owes me ?

IF the arrears was NOT forgiven as part of the TPR...Then yes he would still owe that obligation and any payments he has made would be deducted.

 

[ConcerndStepmom]

As Gracie confirms in Florida it is possible if it is in the childs best interest.

04-18-2008, 02:03 PM
Gracie3787
Senior Member Join Date: Aug 2004
Location: Central Florida
Posts: 2,951

Originally Posted by milspecgirl
i'm confused- i didn't know any state except tx would let you do a termination without an adoption except in very RARE circumstances

Oh, how I hate agreeing with the OP (under all her names), but she is correct, Florida is the exception. In Fl a parent can terminate thier rights, but at the same time the court can still order CS if the court belives it's in the child's best interest.

I know, Fl is weird at times, but at least they don't allow a parent to voluntarily give up thier financial responsibilty in most cases.
__________________
Being a grandparent is God's reward for surviving parenthood. I'm getting rewarded again, my daughter just informed me I'm gonna have a granddaughter in 2 to 3 weeks

 

[mommyof4]

As Gracie confirms in Florida it is possible if it is in the childs best interest.

And I would have confirmed that except that the order to continue to pay CS is nowhere in the mentioned/posted order. Continuation of CS after TPR is not a default. It must be specifically ordered.

 

[CourtClerk]

I know this may sound stupid, but its kind of a relief to hear you all say that. That just means that now he can REALLY go away like he wanted I guess.

That's a great attitude to have. Really, it is.

In 10 years, when your child inevitably starts asking about his/her daddy (because they ALL do), not your next boyfriend, or your then current husband... but that which they came from...

Make sure you tell him/her that you REALLY wanted him to go away. They'll be real happy to hear that.

I swear to you some people REALLY shouldn't have sex....

 

[LdiJ]

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

 

[Jaylynnsmommy]

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