QUESTION
Is it illegal for me to barter with him and say he doesn't have to pay anything if he surrenders his rights to her because he doesn't see her anyhow
Asked on Mar 13th, 2014 on Child Custody - Rhode Island
More details to this question:
My daughter's father wants his child support lowered even though he's not paying the amount he's supposed to.
5 ANSWERS
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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You would be stupid to give up court ordered child support since the amount that has to be paid is statutorily determined and has nothing to do with whether he sees the child or not. Furthermore, he can't "surrender his rights," unless someone else is willing to adopt the child.
Answered on Mar 14th, 2014 at 1:13 PM
Personal Injury Attorney serving San Antonio, TX
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Law Offices of James P. Peterson
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You may negotiate with him. I would avoid doing it in writing(email). Talk to him.
Answered on Mar 14th, 2014 at 10:56 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Yes, it is illegal. And besides, even if you agree, the state may object if there is nobody to step into his place and take on financial responsibility for the child.
Answered on Mar 14th, 2014 at 10:28 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Do not do it. His obligation is separate form the parenting time issue. See an attorney.
Answered on Mar 14th, 2014 at 6:19 AM
4 Awards
In Louisiana a father or payor of child support can file a motion with the court to lower child support if their circumstances have changed and they can no longer pay the support owed under a previous order. The parties may do this by agreement, but it must be in writing to be enforceable, and the parties should seek to have the court approve their agreement in the form of a judgment. If a parent does not visit with their child for over six months or pay child support in accordance with an order of the court for over six months, the parent having custody may seek to have a new spouse adopt the child without seeking the permission of the other parent. One cannot "sign away their rights" and thereby avoid the obligations of child support without a new parent adopting the child in Louisiana, unless the State removes that parent's rights for safety reasons.
Answered on Mar 14th, 2014 at 6:17 AM