Q: M ex husband hasn't seen my son since he was 2 and he is now 11.I have since then remarried and now my husband wants to
Adopt my son and my ex husband is willing to sign his rights over but wants me to have back child support dropped and what he has to pay the state dropped before he signs his rights over. What's the best way to deal with this situation? He can't and won't show up before a judge because he was a warrant
A: YOu can "drop" the back child support. THe child support is a final judgment of the Court and will stick no matter what. You don't have to pursue it, but you can't drop it. If he does not want to sign-- so what. File a Petition to Terminate his rights in the Juvenile Court. Make sure he gets served. If you can't serve him -- this is one place where he can be served in Juvenile Court by publication. If he does not show up, you win. If he does show up, your attorney will put the facts before the Court that will show that he has abandoned the child and his rights will be terminated. After the adoption he will not owe support. Until then he will be ordered to pay support and the old support will still be owed by him. You don't need his cooperation to do this.
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