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  1. #1
    Join Date
    Mar 2006
    Location
    Toledo, OH
    Posts
    126

    Unhappy What happens to arrearages after father gives up rights?

    My daughters father is wanting to give up his rights after losing his temper with them on a visit where he physically and verbally abused them. He had been gone for over 3 years (his choice) was arrested on a bench warrant and only did he pay child support and compel his parenting time. We had gone to court and he was awarded 6 hours unsupervised visits every Sunday from 12 to 6 p.m. He had around 6 weeks of visits with them - only 2 visits lasted 6 hours and this was by him keeping them there. My daughters fear him and his anger. They would leave me crying and come back to me crying.
    He is now wanting to sign off his rights because the girls want nothing to do with him. He is over $15,000.00 behind in arrearages. We just had a show cause hearing the 3rd to see if he had been making his payments and again he hasn't and they didn't do anything.
    Our court orders are thru the State of Michigan but we both reside in Ohio.
    Ohio accepted the child support order around the same time that he had gotten arrested on the bench warrant. Does it differ from state to state on what happens to the arrearages when a father wants to sign off his rights and the girls are adopted??

  2. #2
    Join Date
    Jul 2006
    Location
    TN
    Posts
    658

    Default Re: Father giving up rights - what happens to arrearages??

    Are you married? Is your husband willing to adopt the children? If not, it will be hard for him to just give up his rights to the children.

    If he just wants to give up his visitation rights, that is a different story. If that is what he does, he will still be responsible for past, present, and future child support.

    If all of his rights are terminated, he will still be responsible for paying the arrears unless you forgive them.

  3. #3
    Join Date
    Mar 2006
    Location
    Toledo, OH
    Posts
    126

    Default Re: What happens to arrearages after father gives up rights?

    Here is what I have learned. He will sign off his rights IF I let the back child support go. Basically, each of his daughters are worth at least $7500.00 each. Sad.
    No, not married. Have been with him for over 2 years and we have a child together. I understand that we do need to be married and I believe in OH that we have to be married at least 1 year before the consideration of him adopting my girls. What I am afraid of is that currently we are really struggling to make ends meet. I work part time nights and he works 2 jobs. This man has taken on my daughters as if they are his own. If they need something he does not hesitate to make sure that they have it - something that their bio-father never did.
    Currently bio-father is not paying child support - nor am I allowing visitation after physical and verbal abuse during parenting time on 10/1/06. I was told when he was arrested back in May (?) on no show, non payment that if he were to miss a payment that he would be violating his bond etc. So far, nothing has happened to him. He manages to just get his hands slapped and he goes on his merry way.
    I am stuck between two states - OH and MI. I have lived in OH for over 2 years - and his attorney still wants MI to have control over all issues. I am trying to have all moved to OH but I am running into brick walls. OH accepted the enforcement of child support roughly the same time that he was busted on the bench warrant in MI. So, things have been confusing. I am just not sure which direction to take. I want my entire case in OH - it seems that they have different measures in protecting children than MI does.
    The safety of my daughters is the most important issue ever!
    Otherwise - I would have been contacting the court long before he was arrested to why I had not been getting child support. This guy only wants to see them IF and WHEN he has to pay for them. Not right, and not fair. And his contact with them is far from what a loving father would actually be.
    IF you can help with any advice on how to work between the 2 states or who I can actually contact in MI to get the ball rolling faster - I would greatly appreciate!!
    And I do have a MI attorney - but he has messed up and doesn't return phone calls.

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