What can I do, if anything

[dadwith2girls]

What is the name of your state?SC

My EX is paying child support through wage withholding (court ordered) because he got behind (10,000 dollars). Now he has been paying but not seeing our son who is 8yo and has not seen his dad in a year.

He recently got hurt on his job and is expected to recieve a pretty large settlement from the company. More than enought o cover his arrears and then about 70,000 more.

My question is: Do I have the right to any of this settlement? If so what so I need to do?

Now that he is getting this settlement he also wants to give up his rights to his son. What should I do?

 

[brisgirl825]

He can't sever his rights w/o your permission and a step-dad willing to adopt.

It might be possible for the state to take the arrears out of his settlement. Perhaps one of the senior members will offer further elaboration on that point.

GL.

 

[beth_parr]

your state can intercept the money he owes you. also his support payments will prolly go up seeing as how he is getting so much. just talk to the agency that enforces cs in your state.

he can not just give up his rights. he is only doing it to try to not have to pay you cs.

 

[stealth2]

Maybe, maybe not. Since he IS paying on the arrears, it's possible that it won't be intercepted. You can ask and hope for it, but don't necessarily expect it. As for an increase based on the settlement? That sort of one-time payment isn't normally cause for an increase. ESPECIALLY if it's a settlement for a work-related injury.

 

[dadwith2girls]

Maybe, maybe not. Since he IS paying on the arrears, it's possible that it won't be intercepted. You can ask and hope for it, but don't necessarily expect it. As for an increase based on the settlement? That sort of one-time payment isn't normally cause for an increase. ESPECIALLY if it's a settlement for a work-related injury.

Thank you all for your reply and I have one more question. Can my ex-boyfriend, who has raised this child I spoke of before, wants to adopt him even though I am married to someone else? Just a note: My ex, even though he is not the bio-dad still gets this child EO weekend when he gets our child that we have together. One more thing... this is my husbands screen name just in case you look at all the threads we have posted.

 

[brisgirl825]

Only a married couple can adopt or the spouse of the bio-parent.

 

[VeronicaGia]

your state can intercept the money he owes you. also his support payments will prolly go up seeing as how he is getting so much. just talk to the agency that enforces cs in your state.

he can not just give up his rights. he is only doing it to try to not have to pay you cs.

She cannot get an increase based on a one time settlement like this.