QUESTION

Child Support Question

Asked on Nov 13th, 2013 on Family Law - Iowa
More details to this question:
My ex husband is over $11,000 behind in child support and hasn't made a payment in two years. He has had little to no contact with our son and daughter for several years as well. My son would like to legally change his name to my husband's last name, as he is 16 and my husband has been his father-figure for 14 years. If we have his name changed, does that negate my ex's past-due support obligations?
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1 ANSWER

General Practice Attorney serving Ontonagon, MI at Robert Peterson, Attorney at Law
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Whether or not an ex is behind in child support does not affect his legal status.  If your son would like to change his name, being a minor, both parents would need to consent to the change.   You might be discussing adoption by the step parent, though.  Adoption would require a termination of parental rights by the biological parent and would provide a name change.   If the biological parent has abandoned the child, it may be possible for the step parent to adopt the child.  Being over $11,000 behind in child support may be part of the evidence for abandonment.  However, being $11,000 behind, may also have the State of Iowa involved, and the state may also have to consent to any actions to terminate the past due amount. The past due amount of child support may still be due even if the child is adopted or turns 18.  This is because the amount was already due when the new legal action occurred.  If the state is not involved with Child Support Recovery, it could be possible to eliminate the past due child support in exchange for a voluntary termination of parental rights.   I would suggest contacting an attorney that deals with family law to sort out the actions in your case.
Answered on Nov 17th, 2013 at 4:10 PM

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