I am a single parent with a 9 year old son. I have been raising him by myself although I received a court-order for child support back in May 2001. I have contacted child support and because my ex-husband is legally blind they say that he can not work and they cannot garnish his disability check for the child support. So basically he gets to have a child and take no responsibility. I have since found that my ex-husband has remarried and has a new child. Not only that he has had his own business for the past two years and still has not paid any child support. I am changing my child last name and would like to file child abandonment papers to have my ex-husbands parental rights relinquished. How and can I do this?
I have tried to speak with him to agree to start paying the $189.00/monthly child support judgement however he continues to make excuses. Please someone tell me that there is something I can do because at this point I'm giving up hope of the government assisting me. I am working two jobs to support my son and myself. I've raised my son by myself and am willing to continue but I would hope that his father would be held accountable for his part.

When was last contact Father had with child? By contact that means visit, letter, email, test, call etc. In short "contact"! Next will Bio Dad release his rights on his own? If so then no abandonment is required. Where I suggest this be done using an Attorney it can be done on your own. However answer my questions first

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Your best advice legal advice does not come from internet message boards, Police, friends, family, your neighbors etc.It comes from an Attorney. Advice given here should not replace legal advice from a qualified Attorney.
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Have you browsed through the information in LawInfo's Free Legal Resource Center to learn more about your issue yet? See: http://www.lawinfo.com/consumer.html. You should certainly try to speak to a lawyer to determine what legal options may be available. In the meantime, you may be able to learn more on your own. Search the "Free Legal Resources" tab, or browse the Consumer Resources. Good luck.

First of all, when a parent receives disability payments, the children also customarily receive money for the same. Is there a reason your son isn't receiving money on his fathers disability?

The court is concerned with two issues when it conducts a hearing during which the parent voluntarily terminates or relinquishes parental rights. The first issue is whether the actions of the parent are truly voluntary. Implicit in this issue is a determination by the court that the decision of the parent is both freely and knowingly given. The second issue is whether such a termination of parental rights is in the best interests of the child.

This is where I believe you may run into trouble. If you are not attempting to terminate his rights so you can have your new spouse (step parent ) adopt the child, the courts are reluctant to terminate since it is, generally, not in the best interests of the child to be without a father (as the moderator mentioned on a subsequent thread). Time is it in the best interest of the child is when the father is a sexual offender, mentally unstable ( and dangerous) etc. To simply terminate the fathers rights because he has apparently abandoned the child really isn't commonly done.

While I believe you have grounds for abandonment, I don't believe a court would rule it was in the childs best interest to terminate those rights---leaving him fatherless. Of course, he is, for all intents and purposes, fatherless---but legally speaking, he is not. While this may not be appreciable to you at this point, it would be if the father is entitled to social security or his children eligible for the same ( such as social security survivors benefits in the event of his death).

In your mind, what is the benefit for termination of the fathers rights ( beside the obvious emotional one)?

Bottom line: While the father may be willing to terminate his rights, and while you may want him to, a court very well may not allow him to do so. Courts seldom approve termination of rights to avoid child support.

Perhaps, if your other efforts at collecting child support have failed, you could try to 1. hire an attorney to do an asset search ( legally done ). Then, you can present to the court the fact that the father is lying to avoid child support. Or 2. you could proceed with your request to terminate the fathers rights and at that time, he will have to appear in court, and will, most assuredly, be asked to provide proof of his claims and explain his grounds for wanting this to happen. It is a rare man that will appear in court and proudly proclaim publicly his disinterest in his own child.

Good luck.

Dear mom, by changing your childs name..unfortunately won't have any effect what so ever on child abandonment charges..just to let you know. However you can garnish his wages monthly & have youre local child support agency contact the I.R.S to start skimming his Tax returns.remind youre L.C.S.A(local child support agency) to revoke his drivers liscence if applicable where youre at.youre all so eligible to sue for back wages all so. Quick note, if he's claming be blind..you might want to sneek a call into disability (& make the bas%:;$ work for once).