[jsimon]

Sorry everyone! I need to vent.

I just found out that the BF has made an attempt to pay child support but because he was served improperly and was incarcerated at the time (for a parole violation) he can get that order set aside and not be responsible for paying child support the whole time he has been incarcerated, which was since my daughter was born, she is almost 4.

This hopefully wont affect our adoption because we are trying to prove him an unfit parent because of his criminal record not abandonment.

But I can't believe that in the state of California you don't have to pay for the care of your child because you landed your self in prison. It's like a free pass from your responsibilities.

ARGGH!!!!

Don't get me wrong I don't want or need his money but Sometimes I just can't believe the system.

[eekkjj]

Sounds like something California would do.

[stepadoptionblog]

What a pain! I am shocked as well that the state would just allow a parent to skip out on his or her parental responsibilities simply because they have made poor choices and landed in prision. How is prision teaching a lesson, if it is, as you said, a 'free pass'?!!!

I hope that your adoption goes through, and that you are able to prove the biological father as an unfit parent. A child should not have to deal with a parent whom is in and out of prision. A child needs a parent who is there day in and day out, and that sounds like exactlly what you are trying to accomplish with this adoption, and I pray that the legal system sees it the same way as well.

Julie

[aMarylandfamily]

It may be that that order is set aside for the timeframe and an arrears order may be put in place for the "incarcerated" timeframe ... which allows him to set up monthly payments for the total amount in addition to regular monthly payment ... probably not so but you might want to ask.

[crabcakes]

Well you can look at it this way -- Either you can terminate his rights because he didn't pay child support or in your case, because was in jail and no contact. Either way, it's still cause for termination and let's hope the adoption will still go through despite the law's forgiving ways.

Also keep in mind that CA Adoption Court does not forgive NO SUPPORT just because the BF was in jail...only the Family Court.

[jsimon]

Thats a good point. I hope you are right.