He owes me over 11k and just wants nothing to do with her. I have been taking care of her by myself for over a year. His payments are taken through SCU however, he doesn't work on the books. Truthfully, I don't need the aggravation anymore and would prefer to have him remain as is. Any tax returns go to his other child that is on public assistance. Since I am not, I get hardly anything from his garnishments. I don't want to do petition of violation, I just want this entire thing over with. I would also like to ensure that her has no legal or physical rights to her in the event that something happened to me. Is there a way to do that?
If he is willing you can both come to an agreement as to those terms. A court would not really order what you are asking for, but you could agree for the most part on the record. It is a bit complicated so I would suggest that you retain the services of an attorney to assist you and make sure that is done properly. Best of luck.
In order to do this, you will need to go to court with him after you file a petition. However, this will not stop him from being in the child's life.
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You can't ensure that the father has no "legal or physical rights" because that would require a termination of parental rights proceedings, which the court would not allow under the circumstances you've described. Also, there's no need to "remove" your daughter's father from child support when you can simply refrain from seeking collection or enforcement. Let SCU do what they want, you don't have to be involved. Finally, remember it is your child's right to receive support from both parents--you really don't have the authority to waive that right unless you can show that it is in her best interests to do so, which usually means showing there's plenty of money coming from some other source.
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If he is working off the books, he is engaged in tax fraud, and in addition to being in arrears on his child support, he is committing an ongoing crime.
I suggest you sit down with a family law attorney to see whether you can arrange to quantify his "off the books" income for the purposes of an upward modification of the support. His taxes aren't your problem, your child's welfare is. As it is HIS.
If the tax authorities can see that he is working off the books, then you can file for a lien against any assets. It doesn't matter if he is putting that money in a mattress, he is required to pay for that child.
Once you have spoken to the attorney, you should have a clearer picture of the best way to proceed.
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You can always file a petition to terminate the support order - however he'll maintain a right to visit the child. The only way to "terminate his parental rights" is by having the child adopted by a step-parent. Schedule a consult with a Bronx Child Support attorney for a full assessment.
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