Legal Question in Family Law in Illinois

Parential rights

My husband is behind in child support and is self employed. He has been paying child support for 12 1/2 years or so over and above what his divorce decree amount says he is leagally liabable for. His business has not been doing well so he has feel behind and his ex-wife took him to court for back support,attorney fees so on. He has told her several times that he has no money to send her and that when he does he will send it to her to try and catch up. In addition to that, him and his daughter are not and have not been speaking for quit sometime and she claims that she does not want him as a father and never had a good relationship before all of this.She is 14yrs old and stated in writing that she want's her mother's husband to adopt her and wants nothing to do with her dad anymore. Could you give some advise on this situation? My last question, if he gives up his parential rights how long of a process is this and would he still have to continue with child support?


Asked on 12/09/06, 2:57 pm

1 Answer from Attorneys

Zedrick Braden III Ainsworth & Associates PC

Re: Parential rights

Hello. I suggests that your husband determine

how much extra money he has paid his ex wife

in child support. The money he has paid in excess of the amount ordered is a credit. There-

fore he may owe less than he is being charged

for. In fact, he may not owe a child support

arrearage depending upon the size of the credit. In terms of relinquishing his parental rights to his daughter, he should think about that. At age 14 she is quite young and may change her mind later.

The court will want to consider what is in your

stepdaughter's best interest so it is not a sure

thing that the court would grant your husband

a relinquishment of parental rights. Also, it

is possible that your husband's ex-wife may have

intentionally engaged in conduct or used language

intending to alienate his daughter from him. This

is a basis for a change of custody in many instances. Now whether your husband wants custody now that his daughter is alienated from

him, or appears to be, is up to him. However,

I would not recommend that he relinquish his

parental rights. In a few years she will be 18

and she can make up her mind as to what type of

relationship she wants with her father. Now

in answer to your next question about child

support, child support may cease where one relin-

quishes his/her parental rights, but this is not

a sure thing, because a divorce judge will enter

orders that are in the best interest of a child

or children. I hope my comments have been help-

ful and I will be happy to answer any additional

questions that you may have.

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Answered on 12/09/06, 9:37 pm


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