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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100480
Experience:  Lawyer
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hello I live in Nova scotia canada, here is my story and question 12

Customer Question

hello I live in Nova scotia canada, here is my story and question

12 yrs ago, I was in a short relationship that ended, no marriage, but he had a girl baby. She the mother immediately applied for child support, I have been under that court order since, no modifications to it. The only change cam 2-3 yrs after the first order where I requested that I would pay only child support, the basic amount that I would be required to pay, and as the mother and I had a very poor resolvable relationship, I asked that she retain 100% custody, and that I would be out of the picture all together, never to be asking to back into their lives. this was agreed and a new order was signed. now this yr following the marriage of my EX relationship I have been presented with a request as I am the legal father, that they would like to have a legal name change so that my daughter with have the same last name as her basically father figure. I am very open to this, but my question is about my child support payments. Can I request a dismissal of further payments in return for the authorization of the name change...also considering that there is a true father figure and husband in their lives
Submitted: 4 years ago.
Category: Canada Law
Expert:  Debra replied 4 years ago.
Thank you for your question.

Before I begin I want to explain a bit about how the site works.

It may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.Please do not worry that you will be charged additionally if I ask you questions or if you need to ask me questions. That is not at all how the site works.

As well, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

Finally, as we go through the process please do not feel rushed if I ask you a question. You are always free to take your time to gather more information before you post back. As well, please understand that even after you rate me the post will not lock and you could always come back for further clarification if you think of something a bit later on down the road.

You can request what you like but that will never be binding down the road.

But if the father figure adopts her then your obligations will be completely terminated. I suspect they know this and that is why they are not asking for your consent for an adoption.

So why not say you want him to adopt her if he wants to give her his name?

Let me know if you need further clarification.
Customer: replied 4 years ago.

I kinda understand what you are does one ask this question, and do I simply leave it that basic.. ask are you willing to adopt her, then following that, lets say the answer is yes, how do I have the obligations terminated or is that automatic aswell

Expert:  Debra replied 4 years ago.
Why don't you say you are tired of them having it both ways.

If he wants to be the father then he should step up and adopt her and support her.

When he adopts her all your legal rights and obligations terminate and he becomes the father for all legal purposes.
Customer: replied 4 years ago.

I am very unclear about what to do, so i will terminate our conversation

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