I have just signed a consent and waiver by parent form, had it notarized and filed with the courts in florida. I have a case #. The question is my ex-wife new husband is going to be the adoptee. Now I still have a pending case with child support agency in florida and they state by signing this form is does not waive child support. My ex-wife refuses me to see the children for almost a year. I have filed contempt in court but nothing ever happened, they courts ignored the contempt or they are just taking a long time for the court case. So because of this I am allowing her new husband to adopt the kids.
She stated to me by signing this waiver is waiving me of all rights including Child Support. But the Dept of Revenue said they cannot use this form because it's not signed by the judge as a final order.
Is child support obligated to use this form waiving me from child support because I waived my rights. There is no place for the judge to sign on the form. Please help!
Answers:
If you are signing over all of your parental rights, then once that paperwork goes through you are no longer responsible for any kind of child support at all. Basically when you sign over your parental rights, its like you never had a child at all, you are no longer obligated to that child, financially,emotionally etc.
You need to get a waiver from your ex stating that no support is required due to the circumstances - though you've lost your best bargaining chip already. BUT, assuming she will sign such (get an attorney in that state to phrase it), you should be able to present that to the judge in the original order and request an amendment - again, it will go faster if you hae an attorney do it. Once you have the court ordered amendment, you insure the support bureau AND your employer, if it is an automatic deduction, get copies.
You should not have signed the form. Go talk to your attorney about this immediately. Don't proceed without legal counsel. You must get a separate judgement that severs your responsibilities to support the child. You can ask for that during the adoption, but do NOT proceed without getting an attorney.
The only way you are going to be free from paying child support is if you voluntarily terminate your parental rights or the state does it for you as a result of child abuse, neglect and/or abandonment. Since you are in agreement to allow your ex wife's husband to adopt them, then you would have to terminate your rights anyway. Just make sure you do it through your court so it is not a form signed between just the two of you and that may or may not be legally binding. You don't have to hire an atty but you do need to do it through the proper channels of the court. You would only really need an attorney if you were fighting for something and obviously you are not fighting FOR your kids, you are simply giving them up.
Unless you go before a judge and HE writes an order for waiver, your piece of paper is worthless.
It is a court procedure where you apply to waive your parental rights. The Judge writes the order and it becomes official. Until that happens, you will be obligated to pay child support.
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