xMM spoke to his atty and he said it is not legal in IL to terminate rights and thusly be no longer responsible for CS. Everything I read on the net says different. He is willing to turn over the condo to me if it is legal...can anyone tell me how I can go about showing him it is...he does not trust me but I think his atty is BSing him.

Twilight

Your situation has baffled me from the beginning. How can he keep his rights and still avoid paying CS??? I've never heard of such a thing. Is it just that there isn't much cooperation between the US and Canada?

Was your child born in IL?

Any way, many states have that. OR they will not even allow it unless there is another father figure to step into the role and adopt.

But here is an idea; What if you 2 agreed that he owes a 'certain amount' of CS & arrears, well he transfers 'property' over to you in the value of that set amount. This is handled as a private matter, settled out of court, of course, case closed. Of course the condition for this is that his rights are terminated. (as if he 'sold' the property and handed the cash to you, but you went and then bought the same property)

Legally, on paper, it looks as if all his CS is already paid so you CANNOT come back and sue him for CS.

I think the trick is to have it all worded in such a legal way that you are both safe. If it is a PERMAMENT order than neither one of you can go back & change it later, which protects both of you. So even if you 'legally' had the right to have him continue to pay CS you could not come back and increase it because it is permament and it is all already paid. You see what I mean?

I think I remember you saying you were done w/ lawyers but I really think you should hire one to finalize all this for you.