Ncp In Prison Again

[betterthanher]

ok here is the low down. when we found him 5 yrs ago he WAS IN PRISON ALREADY. he signed papers to where his parental rights would NOT be taken away.

It's amazing how some think they can do this crap. I have never heard of someone signing paperwork to safeguard their parental rights. These are rights that are consistently protected by the Supreme Court.

when we went to court 2 yrs ago i spoke with my old atty and he told us that since there is back child support owed THAT HAS TO BE PAID OFF FIRST.the ncp was like ok no problem.

I have to agree with the others...I have never heard of this. Even if the stepparent adopts, the "original" NCP would still be responsible for the arrearages of the past.

now that he is back in jail until our son is 21 at least-he turns 15 next week-we want his rights taken away from him but the ag's office will not forgive the back arrears and the fact that he owes them 200 for the paternity test. he knows my husband wants to adopt him and has no problem with it at all. i have asked the ag's office if they could step out of it so i could have his rights terminated and they told me no since there is alot owed in the back support and the money to them.

This still doesn't sound right because the dad would still be responsible regardless. Wow...I guess you don't have to be that bright to work in government. Unless the AG is 'assuming' that you will forgive his arreages.

my husband is fixing to return to iraq next month again for a year and we want this solved while he is gone so when he gets home he can adopt him..
i just needed to know if i should contact the atty again and try to do something or if we are screwed.
btw-it took them 10 yrs to find him and he was in prison the whole time

I would start consulting with other attorneys.

 

[hittingrabbit]

Cliche isnt it? "Laws are written to be broken"
Most people Ive noticed fail just what can be done in child support matters.
Yes its absolute another party can be made to pay another person's child support,includeing spouses.
If a court finds that a non-custodial parent whom has a valid court order for child support,fails to pay the court ordered support,and is showing that they are attempting to cover up their assests by hiding it in anothers possession or estate,then the court can order another party to pay the amount.(the theory is that if the burden is transferred to the party they will eventually relinquish the obliger from the ability to shelter their assests.
In a simplier explanation.
A defendent being sent notice through complaint that is to establish paternity,and set a child support award against them,may think it easy to circumvent justice by transferring their assests to their wife,or family member(most people who do this transferr to other family members,as they do not trust anyone else).
This is easily discovered,especially whereas suddenly bank accounts,stock transferrs,and titles of ownerships are suddenly closed,and moved around.
The suspecting party that is helping to shelter the assets are then ordered to surrender their bank account information,and tax,and registration of vehicles are traced with model and make along with the good ole vin number,showing the actual product being transferred,particularily even if they attempt to shelter the assets by disguise through a legal transferr of property,such as a mercedes being sold for $1.00 or $500.00 to a family member.
Thus they may be ordered to pay the child support or face charges of being indicted for conspiracy.
To answer your question on the matters of the AG's stance this explains the whole system right now,has nothing to do with the best intrest of children,but the intrest of governmental intrusion upon the personal lives of people.
You see the AG,stands to lose a certain amount of profits,if the arrearage fades away which is nearly impossible to obliterate,the privatly contracted corporations of the state in which is under contract to enforce a support order if written off will lose their portion of share of the multi-billion dollar industry,because the agencies involved are also a corporation,they will stand to lose money on two ends,one through government appropriation,and through eledged administrative fees that are added into the amount of child support in which is very seldom revealed.
Yes they come as an Angel of light,seeking whom they can devoure.

 

[nextwife]

Yes its absolute another party can be made to pay another person's child support,includeing spouses. .

This is misleading. Yes, a NCPs assets, improperly transferred to another party to "hide them" CAN normally be pursued, but the actual, real and seperate assets and income of the spouse or a parent of the NCP cannot legally be pursued. If a spouse of a NCP enters a marriage with their own seperate RE and own portfolio of savings (and yes, plenty of us came into the marriage with our own) and maintains those as seperate, rather than, comingled property, thise assets cannot be pursued. The NCP doesn't even have a legal RIGHT to such assets.

And the same is certainly true for the parent of a NCP in arrears. Dad's OWN home that he has owned (rather than one transferred by the NCP) could ONLY have been liened if dad agreed to use it as security for a bond of some type. Dad's OWN home could not have been liened without dad agreeing to some form of bail bond or whatever it is being used for.

And many spouses iof NCPs have their own kids to support. Should they support their kids AND those of another woman, rather than each parent supporting their own kid?

 

[NotSoNew]

besides the 200 bucks for the paternity test isnt the arrears YOURS? does the state get a portion of it? I dont understand why you couldnt forgive it if its YOUR money!