You file a petition and serve a petition for adoption. the first step is to terminate parental rights of the father. make sure you get proper service. if the ex fights, then you have to go to trial and, honestly, your chances of prevailing aren't that good. if he doesn't fight, then you an order terminating parental rights, do a home study / placement report, then you go back to court one more time wiht all the paperwork.
here is the sweetener for the ex: if his rights are terminated, he...
if DCS closed the case, and your ex. filed a motion to modify in superior court, then all you have to do is file a response seeking to deny the petition based on the fact that it is closed + motion / decl seekig the same. then note a hearing on your motion. assuming the facts are as you indicate, the judge will grant your motion and, perhaps, grant attorney's fees.
however, there is a possibility the facts aren't quite what you indicate. for example, the order of child support may end not...
I am not an expert on TANF, but, my initial thought is, if they don't qualify, then they should not be getting TANF. I don't know what the eligibility requirements are, but I am sure that $9,000 + per month exceeds them.
if the father's behavior is in clear violation of specific provisions of the parenting plan, you should consider filing a contempt motion
if the father is committing domestic violence, you should call the police and obtain a domestic violence protection order.
if the father is abusing the children, you should call CPS and consider obtaining a domestic violence protection order
if all parties agree, the process is relatively simple.
1. prep.are petition
2. both parents sign the joinder statement on the petition
3. file petition
4. obtain order re: release of CPS records ex parte
5. prepare resid. sched., which all parties sign
6. prepare decree
7. prepare findings
8. pass JIS criminal background check
9. obtain final decree / findings ex parte
call me if you wish
Child support cannot be modified retroactively, except under very rare circumstances.
Parental rights cannot be terminated unless some other parent is willing to take over the child support duty prospectively. i.e. and adoption. even this does not discharge the past support
basically, there is not legal way to "get around this."
children have no absolute right to decide with whom they want to live, regardless of age. once they are 18, of course, they are no longer children and can live whereever they wish.
however, courts will generally pay more heed to a child's expressed wishes the older the child gets. the way to get the child's wishes before the court is to have them tell a therapist what they want and then have the therapist opine about what would be best for the child.
if you introduce what you say the...
here is another possible defense:
5. fraud. you ex was under a legal obligation to inform the state of how much child support she was receiving from you. if she intentionally failed to do this, and the state based the order on this bad info, then she committed fraud/perjury and the order may be void on that basis.
first, you absolutely must see a lawyer. you may have at least one of the following defenses:
1. lack of jurisidiction (order is invalid if the issuing court never had jurisdiction)
2. statute of limitations: each monthly installment is an independent judgment that expires after 10 years
3. payment. if you already paid, then the judgment is satisfied
4. death. the payments were due your ex to reimburse her for raising your child. if your ex is dead, the claim may be dead. I'm not...
frankly, the response to the petition is not a very important document. it mostly just procedural. fill out the response as best you can. make a note that the petition is incomplete, so therefore your answers are incomplete. you can always check the box that says "lacks information." just turn in something by the deadline. that way, the other side will have to notify you about whatever they want to do next.