Dr. S: Questions on Backpay, Relinquishment of Parental Rights

[cjbusybee]

Still need assistance>!!?? 2/6/2004

1/28/2004 Dear Socrates:  My questions to you are as follows... 8 years ago my wife and I had a final divorce Decree and the agreement order as part of this was, under the section Custody, Visitaion, Support; it reads as follows: "
The parties have one minor child, etc.  The parties agree that it is in the childs best interests and in the best interests of the parties for the wife to have sole legal custody of the minor child with the husband having no rights to visitation.  The husband further agrees to relinquish all parental rights to the minor child---he has not paid child support and has not seen the minor child for a period of time greater than one year from the date hereof.  

The husband shall not pay child support to the wife.  The parties would show that, although the amount of child support referenced herein is not calculated in compliance with the CSG enacted at Rule 32 of the Alabama Rules of Judicial Administration, it is in accordance with the parties' agreement.  The parties have submitted with this agreement CS Income Statement and affidavits and a Notice of Compliance which are incorporated by reference as if more fully set out herein."

Question 1:  She is suing for over $60,000 in Backpay thru the state of MS.  Can she do this, when this is a court order and fully states I do not pay cs?

Question 2:  I have not seen the child as noted:  Does this relinquishment mean anything... she had this put in. can she still go after cs , as a modification?  Thats fine if she does, but I would like visitation?  She would not let me have it even for a month. Travel, she lives in MS , I in SD.

Questions 3:  Does she file in the state she lives in now, MS or AL, where the order was done.?

Thanks for your assistance.. I'm sure your busy.  After 8 years my ex decides she wants $. "Pen to paper because I hate you."  I now have a new life, twins, great wife and one due any day. Please help my anxiety! the NEW YEAR must have sparked something!

[socrateaser]

>Question 1:  She is suing for over $60,000 in Backpay thru the
>state of MS.  Can she do this, when this is a court order and
>fully states I do not pay cs?

She cannot obtain arrears in any amount prior to the date of her current motion to modify child support, whatever that is. However, you must respond to the suit with a copy of the judgment, because if you don't provide a defense, she will win by default.

Also, she can (and probably will) receive child support GOING FORWARD, beginning with the date of her current motion to modify child support, if she shows that a substantial change in circumstances has occurred affecting the child's best interests, which in the case of financial support, can be nearly anything that is different in either of your circumstances that would result in a change in the support amount of more than about $30. Since you currently aren't paying support, all she has to prove is that you are capable of earning minimum wage, and she will be awarded support going forward.

>
>Question 2:  I have not seen the child as noted:  Does this
>relinquishment mean anything... she had this put in. can she
>still go after cs , as a modification?  Thats fine if she
>does, but I would like visitation?  She would not let me have
>it even for a month. Travel, she lives in MS , I in SD.

As previously noted, she almost certainly will receive support. You, however, have relinquished your right to custody, therefore you are outta luck, unless she agrees to give you access to the child.

>
>Questions 3:  Does she file in the state she lives in now, MS
>or AL, where the order was done.?

She can file for support in any State where she and the child currently reside, however, if you are still a resident of the State where the original judgment was made, then her support award will be based on the law of your state, i.e., AL.

I suggest that you retain an AL lawyer to deal with MS Child Support Enforcement. BTW, she is not suing you -- the State of MS is suing to advance their interest in the child's welfare. This means that your ex is only a witness in the action. It's a subtle difference, but there are a number of issues that cannot be brought up in this instant action, such as custody, and because she is only a witness, she has no attorney-client privilege, which means that you are entitled to question her and the MS State attorney/representative about any communication between them. This can occasionally be very useful.

[cjbusybee]

Thank You!!:)