AddysMommy1127
recently joined
Reged: 03/21/09
Posts: 3
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he no longer has to pay child support. Montana law says he has to pay until our daughter is 18 or emancipated UNLESS I agree to waive CS and arrears, which is currently $516 total/ month. So, my question is, what is a 'fair & reasonable' amount to have him pay per month? We were married 4 years when we decided to get pregnant and I was in my first trimester when our marriage fell apart. He has spent less than 30 days total with her and she will be 3 on Nov. 27. I've been with my bf almost 3 years and he is the only daddy my daughter knows. My ex is of the opinion that if he relinquishes his parental rights, he shouldn't have to pay CS anymore....what are your thoughts and suggestions (serious replies, please).
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googledad
Carpal \'Tunnel
Reged: 12/31/05
Posts: 10207
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Is your BF willing to marry you AND adopt the child ?
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Careful. We don't want to learn from this.
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JennyLynn
Carpal \'Tunnel
Reged: 07/14/05
Posts: 31656
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I would do it Addysmommy.
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almostheaven
Carpal \'Tunnel
Reged: 07/13/04
Posts: 10468
Loc: West Virginia
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He CANNOT relinquish rights. Your BF, should you two marry, could adopt and that will relinquish his rights AND CS. Relinquishing his rights however doesn't terminate CS and usually doesn't even hold up if he decides he wants to see his daughter later on.
How does a marriage fall apart that quickly that you didn't know prior to deciding to have a child?
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Char Fox
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humbled1
addict
Reged: 12/20/07
Posts: 652
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If he wants to give up his rights, a court will not agree to terminate his rights unless you have husband willing to adopt. And some states could still require that the TPR'd parent still pay child support, but if you agree to waive it then they court will likely agree to that also.
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Yes_Dad
Carpal \'Tunnel
Reged: 08/23/08
Posts: 7406
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[quote]he no longer has to pay child support. Montana law says he has to pay until our daughter is 18 or emancipated UNLESS I agree to waive CS and arrears, which is currently $516 total/ month. So, my question is, what is a 'fair & reasonable' amount to have him pay per month? We were married 4 years when we decided to get pregnant and I was in my first trimester when our marriage fell apart. He has spent less than 30 days total with her and she will be 3 on Nov. 27. I've been with my bf almost 3 years and he is the only daddy my daughter knows. My ex is of the opinion that if he relinquishes his parental rights, he shouldn't have to pay CS anymore....what are your thoughts and suggestions (serious replies, please). [/quote]
You will more than likely need the new Romeo to marry you and agree to legally adopting the child.
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jaiye
old hand
Reged: 10/27/05
Posts: 860
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The reasonable amount for him to pay would be state guidelines. Every child is entitled to be supported by both parents and just because he doesn't want to pay doesn't mean that is the way it is going to be. And just because he doesn't want to be a parent doesn't change the fact that he is one. Tell him to put on his big boy panties and face his responsibilities.
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Yes_Dad
Carpal \'Tunnel
Reged: 08/23/08
Posts: 7406
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[quote]he no longer has to pay child support. Montana law says he has to pay until our daughter is 18 or emancipated UNLESS I agree to waive CS and arrears, which is currently $516 total/ month. So, my question is, what is a 'fair & reasonable' amount to have him pay per month? We were married 4 years when we decided to get pregnant and I was in my first trimester when our marriage fell apart. He has spent less than 30 days total with her and she will be 3 on Nov. 27. I've been with my bf almost 3 years and he is the only daddy my daughter knows. My ex is of the opinion that if he relinquishes his parental rights, he shouldn't have to pay CS anymore....what are your thoughts and suggestions (serious replies, please). [/quote]
Taking the "bf" out of the equation, how much do you pay..I mean personally?
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DeeCan
veteran
Reged: 04/05/08
Posts: 1266
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Serious reply: my thoughts are that if you want him to relinquish custody, you should also be willing to relinquish the child support.
Why should anyone be expected to support a child that they have no rights to anymore?
It can't work both ways. At least it shouldn't, and it most places won't.
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Don't drink and park, accidents cause people.
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Yes_Dad
Carpal \'Tunnel
Reged: 08/23/08
Posts: 7406
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[quote]Serious reply: my thoughts are that if you want him to relinquish custody, you should also be willing to relinquish the child support.
Why should anyone be expected to support a child that they have no rights to anymore?
It can't work both ways. At least it shouldn't, and it most places won't. [/quote]
It shouldn't but often does
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