How Long Do Child Support Modifications Take

by Mindy
(Kansas City, MO, USA)

I am the custodial parent and my ex-husband was originally ordered to pay $798/month and we came to an agreement of paying $500/month for our two children. Fast forward to the present, and now he wants to modify. We both have one other child. The paperwork came back that he is now supposed to pay $627/month. He is now stating that he is wanting to give up his parental rights. I have emails and he also told my children he wasn't going to be seeing the again after their last visit with him. He only had them 2 nights/month per his choice. I filed for the garnishment of his wages in March 2009 after many years of non-payment. He was over $15,000 behind in support. Now he states that since he wants to give up his rights he will no longer have to pay child support. Can he actually do this? He stated that he will appeal the state's decision. I have a feeling this could drag on forever. He also stated that when he filed the modification, the stated didn't take into account his child, only mine. I was told by the modification worker that since he filed, his child doesn't count. Is this true? Not to mention the fact that he has not paid a single dime for our kids activities, tutoring, or medical expenses that was clearly stated in our divorce decree for him to do so. I'm so frustrated with the whole situation. It has left my children who are 8 and 11, completely crushed and confused. Do I have the right since he stated he didn't want them, to keep them from him? Please help with this. Thank you!

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you should be ok
by: Child Support America Team Member

Hi Mindy,

Thanks for your post. We think it's a terrible shame that your ex-husband is acting in this manner, and wanting to give up his parental rights to avoid paying child support.

To our knowledge, you would have to agree to this in order for his child support to stop. A non-custodial parent can't just go around giving up their parental rights to avoid paying their support. If this were the case, a lot of people would take this approach to be rid of taking care of their kids.

Also, you don't have the right to keep the kids from him, simply because he stated that he didn't want them. That would be illegal. You guys should have an outline of parenting time in your divorce decree.

Our question to you is, are your kids in any danger when they are in his care. You can respond via this post.


child support should make these fathers file their taxes as well
by: Anonymous

i'll be honest, my childrens fathers is like 18000.00 behind on child suport ,he said he stopped paying taxes because the state takes his tax money.Even child support doesnt have any inclement that these fathers stop filing taxes because the state takes their money for arrears or even current support,so the fathers continue to be one step a head of the child support divisions in our country...its totally sad !!!!

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