Ncp In Prison Again

[tankerwife03]

What is the name of your state?TX
HE IS in prison again until our son is at least 21- my question is what happens now.we want him to sign away his parental rights so my husband can adopt him but the ag's office said the back child support has to be paid first.i have made many calls on this and i am told the same thing over and over. do i go after his family to settle his estate? the ag's office already has a lien on his dad's property but i didnt know that until 2 yrs ago when we where back in court for non payment. the money really dont bother me at all i just want to know if i can hire a atty to get this resolved with out getting his family involved so my son can be adopted by my husband-which they both want

 

[nextwife]

do i go after his family to settle his estate? the ag's office already has a lien on his dad's property but i didnt know that until 2 yrs ago when we where back in court for non payment.

His family is not responsible to support your child, they are not the child's parent, so you cannot go after his family.

When you refer to a lien on "his dad's property" do you mean your son's dad or the NCPs dad?

 

[tankerwife03]

His family is not responsible to support your child, they are not the child's parent, so you cannot go after his family.

When you refer to a lien on "his dad's property" do you mean your son's dad or the NCPs dad?

when we finally found his dad 5 yrs ago he was in prison and in order for him to be released YES his family did have to pay the childsupport while he was locked up. that is something his attorney and the ag's office did on their own. right now he has a warrent for his arrest also for non payment of child support. i do not feel bad at all that he is locked up again cause it was his own stupid fault for messing up and not thinking about the 15 yr old child he has.
the lien is on his dads property. i was shocked to learn about the lien when we went to court 2 yrs ago.he had never told me about this until court and he was told as long as he continues to be behind in payments then that lien will stay.
i just want him once for all out of his life but i can not do it until he pays it off or his family does.
i just need to know if i need to hire a atty for this or not to get it speeded up.

 

[nextwife]

His family CHOSE to pay a purge in order to obtain NCPs freedom. They are NOT legally bound to pay it. It was their option to do so. They don't "have to" pay anything. Only NCP must.

If the AG's office liened NCP's FATHER's house specifcally for the CS arrearage, I am not certain that is legal or correct, if the NCP has no ownership interest in the subject property. Perhaps the lien is to secure a bond that the family put up? But a non-owner's property cannot be liened FOR someone elses CS arrearage. That is the way title liens work.

 

[LdiJ]

His family CHOSE to pay a purge in order to obtain NCPs freedom. They are NOT legally bound to pay it. It was their option to do so. They don't "have to" pay anything. Only NCP must.

If the AG's office liened NCP's FATHER's house specifcally for the CS arrearage, I am not certain that is legal or correct, if the NCP has no ownership interest in the subject property. Perhaps the lien is to secure a bond that the family put up? But a non-owner's property cannot be liened FOR someone elses CS arrearage. That is the way title liens work.

If she actually means that it was grandpa's property that got the lien it probably was to secure a bond. (like you said) I have seen that done before.

 

[simpleguy05]

I'm not sure here. Did you say that you don't care about the money, as in the arrears? If thats the case, go to court and have a judge sign off on your forgiving his arrears. But make sure its stipulated that it's to only be forgiven if he DOES IN FACT surrender parental rights. Am I wrong on this one ppl?

 

[Rushia]

I'm not sure here. Did you say that you don't care about the money, as in the arrears? If thats the case, go to court and have a judge sign off on your forgiving his arrears. But make sure its stipulated that it's to only be forgiven if he DOES IN FACT surrender parental rights. Am I wrong on this one ppl?

I believe brisgirl had a problem with that. Some judges look at that as a bribe to get the NCP to give into the adoption.

 

[simpleguy05]

I believe brisgirl had a problem with that. Some judges look at that as a bribe to get the NCP to give into the adoption.

Well I think if they explained to the judge that the BF wanted to give up rights but couldn't due to the fact of existing arrears, then maybe it could be worked out.

 

[Rushia]

Well I think if they explained to the judge that the BF wanted to give up rights but couldn't due to the fact of existing arrears, then maybe it could be worked out.

Failure to pay support is grounds for termination in TX. I don't understand why the arrears couldn't be forgiven unless mom is/was on state aid. If that's the case then the state won't forgive them.

http://search.netscape.com/ns/boomf...-of-Parental-Rights-Texas/article/8673/1.html

 

[simpleguy05]

you learn something new everyday...........

 

[Rushia]

you learn something new everyday...........

Hey man, I live in NY. I just google this stuff up.

 

[tigger22472]

OP.. have you spoke to a lawyer about this? I have never heard of arrears having to be paid first. That doesn't make sense becuase until there is an adoption or some sort of modification then the arrears continue to add up and with NCP in prison they will never go away.

 

[tankerwife03]

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. he wanted to be a dad and was ready to change his life- he saw him for a yr and half after he got out . i am not on any kind of state support at all. we are active duty military(my husband is soldier not me) 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 didnt pursue it more at that time cause my husband was in iraq in the middle of a war and i was worried about him alot and didnt need the extra stress. 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. 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

 

[tigger22472]

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. he wanted to be a dad and was ready to change his life- he saw him for a yr and half after he got out . i am not on any kind of state support at all. we are active duty military(my husband is soldier not me) 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 didnt pursue it more at that time cause my husband was in iraq in the middle of a war and i was worried about him alot and didnt need the extra stress. 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. 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 suggest you speak to a new attorney for a consult because again I have never heard that an adoption cannot go through until arrears are paid OR that as long as monies aren't owed to the state (except the 200$ it sounds like there isn't here) that they can't be forgiven.

As far as 'them' taking 10 years to find him I'm assuming the 'them' is CSE. The issue with that is that it's not their job to find him... that lands on the CP.

Again however, I would find a new attorney to speak to.

 

[tankerwife03]

i am going to call around monday morning and see what they tell me. he is prison again for drugs and honestly i knew it was a mistake 5 yrs ago letting him have a part in his life-i fought with my family on that and they where correct that he would end up hurting him and he succeeded. i did everything the ag's office asked of me for 10 yrs. they had everything they needed to know and didnt find him for 10 long years..my son already has a wonderful life with me and my husband and now all he wants is to be his legally.i will let yall know what i find out monday.thank you all for your help