Brooklyn, NY asked in Child Support and Family Law for New York

Q: If I take my sons father off of child support will he still have to pay his child support debt?

He owes a ton of money in child support

I just want him off period

He has been non present in his life for 7 years and gives him a call about 2 times a year

We always argue about his inconsistency as a parent and how it is starting to confuse my son because he does not know who he is

He pays only for about 3-4 months in a year and ends up unemployed

Is there any way I would ever to be able to remove him from his birth certificate or will he have to give up his rights voluntarily?

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1 Lawyer Answer
Lawrence Allen Weinreich
Lawrence Allen Weinreich
Answered
  • Garden City, NY
  • Licensed in New York

A: You cannot get him off the birth certificate and his rights can only be terminated because of an adoption or as part of a Neglect proceeding against him. In regard to child support, I doubt that a court will totally vacate an order of child support as it is the child's right not yours. However, that being said, you can change the method of payment to direct payment to you so it would be up to you to keep track of arrears and enforce the order if you want to.

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