Giving up parental rights and child support

[DYankee]

NCF has not had any contact with children in over 10 years. He owes over $30.000 in back child support. I am the stepfather and the kids want to change their names to mine. NCF is paying support through garnishment and the only way for the kids to change their name is for him to give up parential rights.

QUESTION: If he signs off on his parential rights can he still be made to pay the back child support?

Thanks

[socrateaser]

>NCF has not had any contact with children in over 10 years.
>He owes over $30.000 in back child support. I am the
>stepfather and the kids want to change their names to mine.
>NCF is paying support through garnishment and the only way for
>the kids to change their name is for him to give up parential
>rights.
>
>QUESTION: If he signs off on his parential rights can he still
>be made to pay the back child support?

If you have a judgment of arrears for $30,000, then that judgment would be enforceable, after parental rights are terminated. If not, then you could still move for a judgment of arrears on the back child support, on grounds that it became due and payable at each date that it was ordered paid in the support order. However, after termination of rights, the parent would no longer be liable for any future child support.

As a practical matter, the court will not sever the other parent's rights, until the children are all adults, unless some new person agrees to become legally liable for the children's ongoing support, which in this case, would be YOU, and you would have to legally adopt the kids.

My advice is that you do NOT agree to this under ANY circumstances, no matter how noble and heroic your act may seem, because if something goes wrong with your marriage, then YOU will be responsible for the children's ongoing support.

There have been many cases, where a woman has married a new spouse who has subseqently adopted the children, and shortly thereafter, woman returns to the biological father and guess who's legally obligated to pay? That's right, it seems unbelievably fraudulent, and frankly pure evil, and it is, but the courts will not find a fraud and the divorced stepparent is now on the hook and the bio father is off.

Don't do it. I repeat. Don't do it.

OK, now the rest is up to you. Happy Holidays.

[DYankee]

My biggest concern is the name change, my stepdaughter is really having an identity issue with her having a different the last name of a man that does not want anything to do with her. She is also having some severe emotional problems at school.

Question: Is there any way to get their name changed without the NCP signing over his parental rights?

[DYankee]

Sorry FYI, we live in the state of Georgia.

[socrateaser]

>My biggest concern is the name change, my stepdaughter is
>really having an identity issue with her having a different
>the last name of a man that does not want anything to do with
>her. She is also having some severe emotional problems at
>school.
>
>Question: Is there any way to get their name changed without
>the NCP signing over his parental rights?

If the father will stipulate that he doesn't object to the name change, then that would do it. You could offer some money in exchange for his concession.

But, you CANNOT threaten to enforce the arrears against him if he doesn't comply with your request -- that would be extortion.

You could just file a motion asking that the court allow the name change in the child's best interests, on grounds that it is causing her considerable mental distress, and give the father notice of the action, and he doesn't give a rip, then he won't respond, and he will thereby have waived his rights on the matter. Or, he may come back and try to squeeze some dough out of you for his stipulation to not object.

Hard to say, because I don't know the man.