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This is a good one.. Dad has full custody has wanted nothing till now....

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M

midvt

Guest
What is the name of your state? North Carolina

I have had full custody all of my Son's 11 years, (I am his Dad)

Will make this short if not clear please ask I will answer....

We divorced papers say no child support (I said put this in to get rid of her)

She has not seen child in 9.5 years..

Child has medical problems, on meds daily has been for years.

I am in middle of career change (mid life crisis :rolleyes: )

In school full time work part time (live on some savings)

She lives in another state wants nothing to do with child.

I want to go after her for child support.

What does majority think? and HOW would I begin ?

We were divorced in TX and both live in new states now.
 
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BelizeBreeze

Senior Member
You will need to file for domestication of the divorce order from texas. Then file for support where you and the child are. However, do you really think that since she has not seen the child for so long that she will pay anything?

You're barking up the wrong branch here. And will probably be disappointed.
 

nextwife

Senior Member
Go for it. Female CPs certainly do, even when the NCP has had nothing to do with the child. You may get nothing. But if you don't try you'll always wonder if your child could have had some support from the other parent.
 
M

midvt

Guest
Would she pay on her own? No I am sure she would not..

However if I got an order Is it not true you can make sure they pay by deductions from paychecks?
 

nextwife

Senior Member
midvt said:
Would she pay on her own? No I am sure she would not..

However if I got an order Is it not true you can make sure they pay by deductions from paychecks?


I'm not sure what "you" you are referring to. CSE does have garnishment available to collect, when there is an employer.

Certainly garnishment is not always possible. A person who does not work (say she's a SAHM) has nothing to garnish. A person who is self-employed must first pay their business expenses out of client/customer payments, and also may not have a weekly "paycheck") else they cannot remain in business very long. A person who works for cash (cleaning, baby sitting, maybe handyman, etc.) also is pretty hard to garnish. Whenh I sold real estate, I did NOT have a paycheck at all. I got a commission check only when a transaction closed, and then paid my office expenses, transaction fees, advertising, MLS and Realtor memberships, sign costs, health and disability insurance, SS and taxes, auto expenses, signage costs, etc BEFORE there was anything for me to take as "pay".
 
M

midvt

Guest
Very true and understand where your coming from, however in this case, I am 99% sure she is still in same field (hotel managment) she has been in since moving.

Only problem I foresee is I do not know where she is. OH most likely but I would have to hire someone to find her first. Her parents will not even let me know and they say do not expect anything from her. (I called them to give her our addy and phone just in case she ever wanted to contact) She never has
 

nextwife

Senior Member
Have you tried the various internet search engines? And sites such as
www.Classmate.com? Even checked with her HS to see if she is on any reunion lists? Her college alumni office, if any? Checked with majotr hotel chains to see if she is employed by them?
 
M

midvt

Guest
Yes looked at them all... I am pretty sure I can find her but she moves alot and I know she would move again if she knew I knew where she was.

Sad thing is my Son wants to talk to her, I talked to him about it and he is set in his head he wants to do it, at 11 I am not sure a good idea, but it is his Mother and even though I know she is a pc of s---t I would not let him know that. (she gave up one child when younger and has another one I helped raise while with her, my Sons half bro.)

Perfect thing would be to terminate her rights but my Son says no, he says "She may want to find me"

Sad sad sad
 

rmet4nzkx

Senior Member
On Sunday your story was a little different, then you wanted to terminate parental rights because the Mother had not seen her child in 9 1/2 years. based on that, I gave you a link to the Tx. codes for termination of parental rights. You said nothing at that time about wanting child support or your child's extraordinary health needs. What are the nature of these concerns,are they related to genetic disorders, with your ex being adopted, she may have no control over inhierited medical conditions and there may be options available for these special needs.

Today you want child support and you tell us that YOU had the provision in the divorce for no child support at YOUR insistance so YOU would be rid of her, thus effectively contractually giving up your claim to child support for your child in exchange for no contact with your ex, although you have provided the required notice of your whereabouts. Your actions, for what ever your reasons both denied your child the opportunity of child support and a relationship with his mother.

In other posts you convey your story of being successful after leaving home at an early age, yet, you were in your late 20's or about 30 when your child was born so your were mature by age and experience when you made this decision and I'm sure you were advised at that time that there could be future consequences for this. Now you are going through mid life crisis and you want to change the rules? As comendable as your care for your son may have been for all these years, your story sends up red flags of control issues. While it is true, you may have options and may even be able to get an order for child support, the utimate question is is this process in the best interest of your child at this time and is it practical? You might spend a lot of time and effort not to mention the stress and money to achieve something with little or no net gain, perhaps even loss.

You have informed your ex indirectly where you live, does she know about his health problems? Have you tried and made any real effort to nurture any relaitonship between your child and his mother and his maternal grandparents? Does she have any means to pay child support after all these years?

" 07-18-2004, 05:27 AM midvt Mom not seen her child in 91/2 Years
Live in NC, divorced in TX
I have sole custody, Mom has had zero contact in 9.5 years. I want to terminate her parental rights...."
 

nextwife

Senior Member
rmet4nzkx said:
Does she have any means to pay child support after all these years?

Excuse me, but why would we presume an adult woman shouldn't have any ability to support her child? Do we ask that question when a female CP asks about first filing for CS for a bit older child?

After all these years one would think she'd have figured out how to work and make a living. Most adults have. She's not a teen mom, she's a fully grown woman.

And as I understand it, one cannot legally contract away the right to get CS, except by TPR and adoption.
 
M

midvt

Guest
rmet4nzkx

You are right in many areas and I will lay it out below, I would love nothign more than to terminate her rights as his mom for his protection, he has been thru alot as a child of a single dad (worked many hours till he was 7 stayed with sitters alot) and was abused my a sitter that ended up in jail for it.
(Long story no need to go into it here)

First, I have always made sure she woudl know where her Son was at by sending the info to TX as ordered to do so as well as contacting on my own her parents. I have tried over the years to allow her parents to have some type of relationship with my Son so he could have some grnadparents, even to the extent of flying with my Son to see them two times during the years and making calls to them around the holidays and birthday. They show no interest in a relationship I know this becuase they haev never once called or sent a card to this child.

I am for sure not the one that made my ex move out of state a year after our divorce and make her relationship with her Son a difficult one, as a matter of fact I have had to hire someone in the past to find her and make contact with her and let her know she should try to be a parent to this Child. She makes the choice not to cal or send cards or contact this child, the making the divorce decree says no support at my choice due to my ability to afford my Son with no help, it was done also to make her stop fighting for custody (IE: getting rid of her)

My Son is at an age he is asking questions he is confused and hurt, he has not reached the point of "She is an a__" yet like I am sure he will in a few years if she does not do something.

I come on these boards for feedback in my case and what is being thought of I am at a point or should I say my son is at a point that something needs to be done however I am lost as to what the right step should be.

While I would love for her to lose her rights I must not just think of me it is my Son I am concerned about and he says no now to this since I have spoken with him about it.

I am not even sure where your coming up with this "Control" issue you do, it sounds like you haev a bad apple you have not delt with in your past and all men have control issues to you.

Like I said I am seeking outsiders opinions in order to take everyones point into account, including friends not just on here.
 
M

midvt

Guest
nextwife

True, this one person sounds bitter at something. (I am sure she is in a hate men stage of her life from her post about me being controlling and stateing a female may not have ability to pay CS, as I am sure if I were female asking the same thing she would not have said this)


And yes your right, no matter what if I wanted to go after cs I am 110% sure that my choice to not go after it DURING the divorce will have no standing on what I may do now. That is just a silly comment made by this poster, and one that has no clue.

AND

Over look my letters being backwards looks terrible, my fingers seem faster than my thoughts as typing.
 

rmet4nzkx

Senior Member
Please don't misunderstand me, when I started my post, some of the information wasn't posted yet and there was no indication that the Father had any idea if or where the mother lived or worked, it was all contact with her adoptive parents and who knows how biased that information might be. For all we know, she may be unemployed living on the streets and her parents not know where she is, my comments had nothing to do with the sex of the NCP or CP. I am not bitter, nor do I hate men. I have worked with both men and women as CP and NCP, the goal is always the same, the best interest of the child, that is always, number one!

Why should the NCP mother suddenly expect to have a part in her son's life or pay child support when it was clear that the father, for what ever reason, intentionally excluded her from her child's life and we don't know the whole story. Sometimes adoptive children, the mother is adopted, have hidden health and mental health concerns that may not materialize well into adulthood, this was a possibility I was considering as it fits into such a profile and there are a number of other challenges associated with adopted children that may play a role in what happened. If she is stable and gainfully employed then by all means seek child support and encourage a healthy mother / child relationship, from this point forward, but not for the purpose of revenge. Personally, I think that making an honest effort to encourage a healthy relationship first without any coercion might yeild a more positive result at least the one your son wants and his happiness is your primary concern.

I'm sorry, but it is controlling to write into a divorce agreement language for no child support for the purpose of getting rid of her for what ever your intent. People who are controlling usually have a good reason to cite for their actions, they are still controlling and doesn't mean that I have unfinished issues to deal with because I recognize it and point it out, I am only trying to lend some objective insight. Divorce setlements with children usually include provisions for child support to protect the children and it is unusual even if you are able to suport the child without additional child support, to write it out. If child support from the mother was not an issue you simply did not have to enforce it or perhaps place it in trust for their education and still encourage a relationship. That is why I said it was controlling and since you admitted that you wanted rid of her so as not to deal with her you encouraged or controlled to some extent what happened to their relationship in its early stages and currently, even to the place of wanting to terminate the relationship as late as Sunday.

There may be aspects to your contract for which she will have some defense because of the provisions you insisted on including. You will need to contact an attorney to go through that, perhaps you should start with the one who represented you during your divorce if you wish it amended as they would have the best idea of what was happening at that time otherwise you will have to pay for them to review a lot of material to advise you.

You also admit that it is your son who wants to have a relationsip. No matter how much you try to hide your true feelings toward your es-wife, your child will see through the mask, in some societies an 11 year old is almost an adult. You still didn't say what his health concerns were and I am only asking because there may be resources about which you are unaware or even support groups. I am sorry to hear about the abuse incident and I am sure the fact that you had to rely on babysitters in the absense of his mother must be an issue both of you deal with and no resolution can change what happened nor does placing blame erase the guilt.

My suggestion is to encourage the relationship with her parents even if it is only one way, they may feel uncomfortable as well. Be honest with your son about what happened, what and why you did it, not the sugar coated picture, if you were frustrated, angry, or what ever, admit it to youeself first and to your son, your honesty will strengthen your relationsip in the end. Encourage your son to call his grandparents on a regular basis and to send letters to them and to her. Honor your son's wishes and give him an opportunity to make his own assessment of the situation before proceeding with any legal action that might preclude the development of a relationship with his mother or grandparents. The decision to move forward should be based on what is in the best interest of your child, not on emotions or your opinion of me.
 
M

midvt

Guest
While I am sure your intentions are good.

I would not and will not be the one nor make my Son to be the one to "encourage" a relationship.

That is not right to place him in that position and by my not wanting child support during the divorce has absolutly nothing to do with HER choice to move away and hide, be found and move and hide again.
How you can say:
Why should the NCP mother suddenly expect to have a part in her son's life or pay child support when it was clear that the father, for what ever reason, intentionally excluded her from her child's life and we don't know the whole story.

Is beyond me, suddenly expect? should she not be the responsible one here? Not I? nor my 11 year old Son?

The whole story is not an issue, the facts I have laid out are what pertains to this case, as far as his health issues, they have no part in this, and where ONLY brought up in my first post as back up for wondering if cs should be sought, what they are is not to be freely given to the world.

intentionally excluded her from her child's life and we don't know the whole story.

This comment is second time you have said it, and it is unfounded, you have no clue and have no right to say I made her be this way... (by not wanting her money has NOTHING to do with her relationship with her child, now stop sticking up for the scum of the earth that she is.

And while I may hate the ground she walks on for doing this to my Son, I would NEVER allow him to see or see thru me and my true feelings, while it may be a biased statement on my part, I have seen what showing hate for one parent does to a child and it is not pretty and I would never...

Again, I have NO Clue what to do IF I should do anything... My choices seem to be get rid of the fear by asking to terminate her rights or spend thousands of $$ to get her into his life (by paying support, she is the type that would say, "I pay fo him I can see him")
 

nextwife

Senior Member
IN defense of adoptive families:

rmet4nzkx said:
adoptive parents and who knows how biased that information might be.

Sometimes adoptive children, the mother is adopted, have hidden health and mental health concerns that may not materialize well into adulthood, this was a possibility I was considering as it fits into such a profile and there are a number of other challenges associated with adopted children that may play a role in what happened.

I don't wish to appear to be picking on you, but I must respond to all the adoptive concerns.

First, the parents who raise their (adopted) child are THEIR parents. Not their "adoptive parents" The bioparents are bioparents, but no longer their parents. I am my kid's MOM, the only mom she's ever known, not her "adoptive mom".

Second, physical and mental health problems may not be discovered until later in life REGARDLESS of whether a child came into one's family by birth or adoption.

Most of the "challenges" associated with raising "adopted" children come not from how we became a family, but from a prior environment in which we had no control. Adopted or biokids exposed in utero to alchohol or drugs suffer the same ill effects. Yes, adopted kids that came out of a post-institutional setting or the foster system face challenges that children not raised in that environment may not face, but those have nothing to do with their "adoption" status, only with the deprivations of their previous environment.

I had to say that because adoption, per se, does not in any way prededermine our child may have greater problems than other kids may.
 

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