family law general questions

[spunkee53]

I would like to find out for a friend of mine who lives in phoenix az and is going to have a divorce hearing next month. The x wife lives out of state. He was ordered child support and at this time needs a modification or have it stopped since he is not able to work at this time. What procedures does he need to go thru? Also if he signs parental rights over he never plans on seeing this child is he still responsible for child support. Please help. thanks.

 

[I AM ALWAYS LIABLE]

I would like to find out for a friend of mine who lives in phoenix az and is going to have a divorce hearing next month. The x wife lives out of state. He was ordered child support and at this time needs a modification or have it stopped since he is not able to work at this time. What procedures does he need to go thru? Also if he signs parental rights over he never plans on seeing this child is he still responsible for child support. Please help. thanks.

My response:

He files a Petition for Modification of Child Support, and a Declaration of Income and Expenses, with the court where the child resides. First, get an attorney in that State.

He won't be able to terminate his rights, or his obligation for child support, unless there is another adult who can, and will, adopt the child; e.g., if his wife remarries and that person wishes to adopt. It makes no difference that your friend has no plans to visit the child.

Nice friend you've got - - abandoning his own blood child. Perhaps you're next, and you're not even a blood relative. If he can do this to "blood", he can cold-heartedly do this to anyone. Maybe Mom's next.

IAAL

[Edited by I AM ALWAYS LIABLE on 04-14-2001 at 10:49 PM]

 

[spunkee53]

thanks for your reply I am liable, but there is more to the situation. The wife was violent towards the husband and the agreement before they were married that they would not have any children. It wasnt like he was deserting his child he is not even sure the child is his and for his own welfare he left the marriage. Now as far as a modification cant it be in the state where the divorce is filled? He is not looking to get out of paying but needs it reduced since he is suffering from an illness. Please reply

thank you

 

[I AM ALWAYS LIABLE]

thanks for your reply I am liable, but there is more to the situation. The wife was violent towards the husband and the agreement before they were married that they would not have any children. It wasnt like he was deserting his child he is not even sure the child is his and for his own welfare he left the marriage. Now as far as a modification cant it be in the state where the divorce is filled? He is not looking to get out of paying but needs it reduced since he is suffering from an illness. Please reply

thank you

My response:

I don't mean to sound dispassionate about your friend if he's ill. However, unless he's bedridden, and cannot move, and has to survive with a heart-lung machine, you just don't abandon family - - especially a child. What he's supposed to do is be part of that child's life. It doesn't matter how ferocious his wife was. That's just a "cop out". There's a child here. Hello ?

People get sick all the time. But, for a child, you move heaven and earth, and a mountain or two. Where's his paternal instinct ?

And, it doesn't matter if there was an "agreement"; the fact remains, there's a child of that union. A child who could use a father, if not a father-figure.

Obviously, he's already been determined to be the father of this child, or child support would not have been ordered. So, that excuse doesn't work either.

The court that has jurisdiction is where the child resides, not where the divorce was filed. People move all the time, and jurisdiction moves right along with the child - - if the controversy is about a child.

And yes, he is looking to get out of paying. That's why you brought up "giving up his rights" in your first post.

IAAL

 

[spunkee53]

I guess you really dont understand that circumstances can be different. This woman tried to kill him 3 times she shot at him tried to run him over with a car and tried to get someone else to kill him. So who would stay with someone like that he would have been dead. She also shot the windows out from the inside out in the house. Let me know what you think now

 

[I AM ALWAYS LIABLE]

My response:

Here's what I think.

I think you're his new girlfriend (or, at least you sound like a girl from the way you phrase yourself), and you're enabling this guy with all sorts of excuses.

Did you, or better yet he, ever hear about supervised visitation ? All children know is that a parent has abandoned them. That's all they know. That's all the child will care about. I also think you're enabling him to abandon his child.

If you are his girlfriend, it's time for you to think three times before you go any further with this woos.

IAAL