Advertisements
Advertisements
Hi,
I have been reading through all the posts here over the past few days and decided to register today. Long story short.....My son is 11 years old and last saw his bio father in 1998, not even a phone call at Christmas or a birthday card. My ex didn't pay child support for years and owes $46,000 in arrears. He has been paying through wage garnishment since 2003, because he never worked before that that we knew of. I haven't had his address or phone number since 1998. I remarried 6 1/2 years ago and have another child with my current husband. My son considers my husband his dad and has called him Dad since he was 5 years old. My younger child does not know (yet) that her bio father is not also my son's bio father! I am mom, my husband is dad and they are brother and sister, simple as that. My husband has wanted to adopt my son for years but we were always under the impression that we had to be able to personally serve my ex, so we never did it (I could kick myself).
We had moved in 2002 but my ex's mother was still in contact with us and even used to come to our house to visit (they live several hours away). His mother used to write me letters apologizing for her son. Once she even mentioned that she would support a stepparent adoption, when we did it. However she always refused to tell us where her son was! I knew she had always been in contact with him, even though she said she only saw him once in a while. She and I had a falling out in early 2003 and I haven't spoken to her since.
Out of the blue, my ex served me with papers to modify his child support amount and for visitation - the court docs were handwritten by his mother! Apparently he had a new baby with his current girlfriend and also has another child with another woman (whom he also owes for back child support). We went to an attorney and he advised us to go ahead and file for the stepparent adoption now anyway. So we did that. My son wants to be adopted by my husband and doesn't even know his bio father! (It's so wierd to say to your child "When Dad adopts you...."!)
We went to court to modify the support and visitation. I was amazed that my ex showed up. He even brought his new baby into the courtroom. My ex didn't even mention visitation! All he seemed concerned about was his support amount. Since he makes much, much less than I do, his amount was lowered by about half. I was fine with it because I didn't get the money when I really needed it. Now i feel like we shouldn't even accept his money. However, he told my attorney that he will not agree to the adoption and will fight it.
So, now we have to wait for his response (which he said he mailed the day before - he doesn't have an attorney). What do you, more experienced people, think about this situation?
Thanks. (sorry to be so wordy)
I'm in California too, but haven't had to deal with support/visitation/custody issues. If he continues to contest the adoption and shows up at the parental termination hearing, then it may get difficult since he's been paying child support. That's what I've heard...haven't gone through the experience myself...not yet anyways.
Advertisements
That's another good question. My ex only pays when money is withheld from his paycheck and never voluntarily. He only works a few months out of the year and they only withhold a portion of what the monthly child support amount is. In fact, the amount withheld doesn't even cover the interest that accrues on the principal balance from the arrears. Sometimes his employer will stop withholding and then the DCSS will have to call and threaten him with fines. Is this still even considered paying? It's not quite the same as someone who writes a check out for support every month or gets the court ordered amount paid through wage garnishment.
Thanks.
I think what you have to worry about more is whether your ex would put up the fight in order to have visitation rights. He may consent to the adoption knowing that he will no longer have to pay child support. Also, his attorney may negotiate that all arrears be forgiven for the adoption to go through.
Just because you've gotten child support and I haven't - doesn't make my situation better. My ex has gotten an attorney to fight the adoption as he still wants visitation - despite seeing her only 3 or 4 times during the last 10 years and not offering a penny.
My ex doesn't have an attorney and says he can't afford one but continues to contest based on the fact that he wants his new baby to establish a relationship with my son. It's all very strange......
What sucks is that they will appoint an attorney for your ex and will give him more time to go over the case. All he has to do is show up at the hearing and contest it.
Advertisements