Now he is asking to sign off parental rights...

[representingself]

My childs father is asking to sign off his parental rights because I have filed a Motion to Vary our 12 year old CS order.

He is 36 years old, living commonlaw. He has no other biological children. He works full time.
He pays $125/mnth (sometimes), based on a minimum wage job he had 12 years ago.
He should be paying closer to $400/mnth.

I have never sought an increase because he hides from me.

I have offered generous access but he doesn't want it. This is NOT a case of Parental Alienation. Our child is very curious about him and would like to get to know him. I am of the opinion that he is her father and she is entitled to get to know him, regardless of how I may feel about him. She is old enough now to contribute to decisions that affect her life.

He is unrepresented and basically saying that my current husband makes more money than he does, so he shouldn't have to pay CS.

In the Case Conference brief, he has asked to have my husband added as a "party in the case", and is demanding his last 3 years income tax returns, notices of assessments and full financial disclosure. He wants to know all of my husbands personal property information.

He REALLY should speak to a Lawyer, but wont. He refuses mediation, and will NOT speak to me. So this is going to be a VERY difficult litigation.

I really could care less about giving him the information, it is just that I don't understand what that has to do with him paying CS for his only child.

He has never contributed to any Section7 expenses, so in the Motion to Vary, I asked for him to contribute in the future. As such I have disclosed my husbands year to date income in my financial statement already.

Is he legally entitled to my husbands information, as a means to get out of having to pay child support?

If he tries to claim undue hardship.... and we do a household comparison, will he have to provide full financial disclosure from his common-law wife?

What does my husbands financial situation have to do with his responsibility to pay CS?

[standing on the sidelines]

Cs depends on his income, not your husbands.

[representingself]

I understand that... I thought that was common knowledge...but I am confused.

Why do you suppose he is so determined to know all of my husbands persinal financial information?

Is he legally entitled to it??

Its all he has asked for in the Case Conference Brief....

[Mess]

If you are asking for special expenses (and why not?) then those should be proportionate to your respective incomes.

After this length of time it's arguable that your husband is supporting your daughter as a step-father, nothing wrong with that and he seems a fine man. Your ex has reason to say that special expenses should be proportionate to his income vs your family (you plus your husband) income.

He has a small point, and reason to ask for proof of your family income.

That said, you are perfectly correct in seeking back child support according to his income levels for the past 12 years.

He is probably worried that you will seek section 7 for the past 12 years, and wants to reduce that by saying your husband's income should count against that. He has a small point there.

He may be thinking, wrongly, that your family income has something to do with his CS obligations. He may also be ready to claim that 12 years of arrears (money owed against his increased income vs his minimum wage job at that time) would be an undue hardship and that your own family income doesn't cause you hardship. So he will try to get arrears reduced for that reason.

I think he is a jerk, should be paying attention to his daughter, supporting her emotionally and physically and financially. But he may have some small points about reducing the amount he owes.

[standing on the sidelines]

Originally Posted by scared1

He is trying to terminate his parental rights? Did i read that wrong?

It sounds to me that he is trying make your husband now become legally liable for support for your son now. Only you can really do that and he and you can agree to terminate his rights but the judge may not allow it. Otherwise your spouses incomes is non of his business unless you were ss.

There is no way that he can get out of paying child support. It doesn't matter if he sees the child or whatever.

[independentgal]

He could be planning to apply for undue hardship which will indeed bring your partner's income into the mix. It is a messy procedure to go through. Don't provide it unless you are told to by a judge.

It is his child, the CS amount is based on his income unless he asks to vary the CS due to undue hardship.

[representingself]

From what I have read... proving undue hardship is very difficult....

If he is working full time and perfectly healthy.... how could he claim undue hardship???

There are no access costs...

We were never married, so there was no high costs of divorce/ marital debt load, or anything like that...

I am pretty sure his credit rating is shot, but can his irresponsibility with money affect his child support obligations??

Do you know how he could claim undue hardship?

[representingself]

Originally Posted by scared1

Unless he is found to incompetent or unless your spouse legally takes on custody or guardianship with a court order the court is most likely going to allow hiim to modify a support order based on his income, not your spouse's.

I already stated that he is perfectly healthy... and even though he may not be the most well read when it comes to matters of family law.... he is perfectly competent.

He has no mental health issues and no physical health issues...

[dadtotheend]

Why did you start another thread,

"I am the CP, can I go after his new partners income? "

asking the very same questions????

[#1StepMom]

Yeah, I think your best bet in this case is the evaluation of living standards, where they look at household income.

Even if he wishes to sign away his parental rights to your child, he would still (I believe) be held accountable for child support.

He wouldn't have any legal rights to make decisions, you wouldn't have to consult him on matters pertaining to your daughter, but he would still be accountable to financially provide for the child he brought into the world. At least that's how I understand family law... but we all know that it's really nothing more than a crap-shoot.

Even if your husband were to have parental rights to your daughter (i.e. your ex signs his rights away and your husband adopts your daughter) he would not be held accountable for "child support" unless you and him split up and you sought child support from him. How your husband contributes financially to your daughter right now is of no relevance to your ex's child support obligations.

For example, I support my stepson when he's with my husband and I. I provide for his activities, I take him on trips, I drive him to camps and playdates, etc., but my husband still pays child support to his son's mother. Granted, she wants US to pay child support based on household income, but that's another ridiculous demand of hers that we're dealing with.

I am with you and believe your ex should consult with a lawyer. Even if he doesn't want to, he will have to before going in front of a judge. As a self-represented party, you must speak with duty counsel before pleading your case in the court room. So he will most likely receive some legal advice the day of court.

Again, if he wants to pull your husband's finances into the picture, you can request a living standard evaluation and pull his wife's finances into the picture too. But then again, such a request could also cause him to back off. You never know!