Michigan. My daughters father is in prison for another year with more charges coming which could put him there for another 20 years. My daughter is now 9 and he owes around $10,000 in back support. He wants to sign off of her and wants me to wipe his slate clean of the back support also. Can he sign off and have the back support stop adding up on the date he signs? Is there a limit on how many years the back support will hang over his head and he will have to pay it still? What advantage or disadvantage would there be to him signing off our daughter?
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Owe support while in Prison?
- Thread starter zeuss
- Start date
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brisgirl825
Senior Member
He can't sign off on anything w/o your permission. He will always owe the support so long as you try to enforce it.
I am not sure whether MI is a state that requires a step-parent adoption after the TPR. If it does, you will need to be married for the amount of time required by MI statutes. It is usually between 6 mths and 2 yrs.
Many attys offer free consultations. It would be best for you to get one so you can learn the specifics of your state's laws.
I am not sure whether MI is a state that requires a step-parent adoption after the TPR. If it does, you will need to be married for the amount of time required by MI statutes. It is usually between 6 mths and 2 yrs.
Many attys offer free consultations. It would be best for you to get one so you can learn the specifics of your state's laws.
The REALITY is, that even though it will still accrue, if he is in prison another 20 years or so more, he'll get out of prison a middle aged or older guy with little to offer the job market, and unlikely to make a decent living. So I would not really PLAN on, or depend upon, any CS that adds up "on paper" because he may simply be unable to live long enough, to make enough, to pay it off.
Owe support while in Prison
I realize that if he spends another 20 years In there he will be 54 when he gets out and not much of a job market waiting. He wants to sign off his parental rights since he knows that if he does get out earlier that he has pretty much sealed his fate on getting any type of visitation other then supervised which he has had since she has been born. He has put her through an emotional rollercoaster from hell. But he wants me to wipe the $10,000 that he owes to this date clean. I don't have a problem with having him sign off but as far as wipe the slate clean?? Does a child support debt follow a person to there grave? I have always been pretty much financially responsible for our daughter so I don't have a problem at all continuing it but I have a problem with letting him off the hook that easy. My daughter could probably use the money when she is 29 or 30 and he owes it to her not me. I realize that she probably won't ever see it either. What as far as legally would be the advatage to him signing off his parental rights? Is there some disadvatages that I don't know about?
I realize that if he spends another 20 years In there he will be 54 when he gets out and not much of a job market waiting. He wants to sign off his parental rights since he knows that if he does get out earlier that he has pretty much sealed his fate on getting any type of visitation other then supervised which he has had since she has been born. He has put her through an emotional rollercoaster from hell. But he wants me to wipe the $10,000 that he owes to this date clean. I don't have a problem with having him sign off but as far as wipe the slate clean?? Does a child support debt follow a person to there grave? I have always been pretty much financially responsible for our daughter so I don't have a problem at all continuing it but I have a problem with letting him off the hook that easy. My daughter could probably use the money when she is 29 or 30 and he owes it to her not me. I realize that she probably won't ever see it either. What as far as legally would be the advatage to him signing off his parental rights? Is there some disadvatages that I don't know about?
brisgirl825
Senior Member
zeuss said:I realize that if he spends another 20 years In there he will be 54 when he gets out and not much of a job market waiting. He wants to sign off his parental rights since he knows that if he does get out earlier that he has pretty much sealed his fate on getting any type of visitation other then supervised which he has had since she has been born. He has put her through an emotional rollercoaster from hell. But he wants me to wipe the $10,000 that he owes to this date clean. I don't have a problem with having him sign off but as far as wipe the slate clean?? Does a child support debt follow a person to there grave? I have always been pretty much financially responsible for our daughter so I don't have a problem at all continuing it but I have a problem with letting him off the hook that easy. My daughter could probably use the money when she is 29 or 30 and he owes it to her not me. I realize that she probably won't ever see it either. What as far as legally would be the advatage to him signing off his parental rights? Is there some disadvatages that I don't know about?
He doesn't owe your daughter the money, he owes it to you. CS is a reimbursement, therefore it is a debt to you. Whether or not you want to forgive the arrears is up to you. Frankly, you can likely get a contested TPR done since felony convictions/incarceration is grounds for a TPR. So even if he refuses to allow a TPR/adoption w/o you forgiving the arrears, is pointless. If you want to forgive the monies owed to you, is entirely your choice.
The advantage to doing an adoption would be that if something were to happen to you, your spouse would be able to retain custody of the child. There is also an emotional advantage. Your child having a committed and loving father, etc.
Here's website for you to look through.
http://library.adoption.com/termina...-parental-rights-michigan/article/8563/1.html
Honestly keep in mind when your deciding whether to waive arrears or not, that if he's going to be 54ish when he's released after that long in prison what kind of job do you really think he's going to get? Probably a pretty crappy one. So he's not going to be making huge arrears payments. Maybe $100 a month if your lucky.
That's assuming that he even lives to be released from prison. If he's going to be that old upon release he may not make it. Men don't live quite as long as women anyways and prison is bound to shorten his life to an extent. Keep in mind that if you waive arrears you NEVER have to see him ever again. If you don't waive the arrears then when he's released you will have to go back to court to pursue the child support at that time. So if you don't ever want to see him again, waive the arrears.
If you think he might eventually pay the arrears back then don't waive them, and wait for the time he's released and the interest has made the $10,000 a lot more.
That's assuming that he even lives to be released from prison. If he's going to be that old upon release he may not make it. Men don't live quite as long as women anyways and prison is bound to shorten his life to an extent. Keep in mind that if you waive arrears you NEVER have to see him ever again. If you don't waive the arrears then when he's released you will have to go back to court to pursue the child support at that time. So if you don't ever want to see him again, waive the arrears.
If you think he might eventually pay the arrears back then don't waive them, and wait for the time he's released and the interest has made the $10,000 a lot more.