If a parent gives up all rights to their child or children does that parent still have to pay child support?
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Depends on what the court says
No the rights are terminated. The child is nothing to them by law,
If rights are terminated then no, no obligations for child support etc from that person anymore. However, that is not easy to do, and from experience and recently going through a possibility of this… I can tell you no court will terminate rights unless there is an alternate party willing to pick up that responsibility. And it’s not cheap to do either.
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It depends on the reasons, local laws, etc.
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It’s up to the local courts, and your circumstances. A solid yes or no will not help you here. Research your state laws about TPR Termination of Parental Rights
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No…but why would you want the money and not his time it’s about the child not the parent.
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No they don’t but I believe they do have to pay back child support if there is any
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Idk where your at but I’m in Missouri and here if they terminate your rights if you owe child support you just have to pay the back pay if they don’t then they don’t owe anything. By law the child is no longer that person’s responsibility. I would look it up for your state it varies from state to state
No, but they can pay back pay. I went through child custody where I just wanted his rights removed nothing else, my lawyer asked me if I wanted him to at least pay back from the time she was born till she was 2 (when we went to court)
Nope - that’s why they give up their rights
Depends on the court. The trend here of late is yes they still have to pay.
Yes. My ex bf gave up paternal rights when he was 17 years old. The mom even changed the babies first and last name. Here in NY she could still file for child support. He literally owes around $100,000.00.
He is a deadbeat.
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Depends on the state. In pa , another person would have to adopt the kid for you to not have to pay child support (if the parent requested it ). If it was just as simple as someone giving up their right to not have to pay child support, more people would do that
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In Nebraska you can only give up your rights if there is another person stepping in to adopt. Otherwise you are responsible
My daughters dad gave up his rights, with no one to adopt in the “dad” role. He pays no child support. Provides no insurance. He did have to sign an affidavit that if anyone wanted to adopt as the father there was nothing he could do.
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No…but past due child support is still on the table
Usually as soon as you terminate your parental rights you do not have to pay to support that child. You’re “off the hook” for being responsible for that child at all.
You do still have to pay whatever child support was mandated while you still held parental rights, but no more is tacked on after termination in most cases.
HOWEVER
this also means that said parent is not viewed as a parent by the state or courts.
They cannot decide where the child spends their time, breaks, and holidays, they are not entitled to seeing the child, and the other parent can relocate without any hardships from the terminated one. They have no rights. It’s almost like killing your parenthood according to the state.
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I have a deadbeat family member who gave up his rights just to avoid child support, so yes…at least in the state of PA if a parent terminates their rights as a parent they do not pay support for said children.
Yes. The only way out here would be if mom cuts it off herself after he signs rights over . Other wise it just looks like Mr. Deadbeat doesn’t want to pay and wants to Weasle out of it . Also if another man adopts said child then he relieved of all responsibility asap .
Depends on the state & situation but generally, yes. It’s usually they state minimum.
In okla they still pay CS
This doesn’t explain if they just walked away and said they didn’t want anything to do with it or if you actually went to court and terminated all right, because that would be two different answers
Technically he has no rights and still has to pay child support
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What really sucks is when a dead beat Dad passes away and still owes back child support
Not here in NH. Once you willingly give up your parental rights that’s it.
I would certainly hope so. You still made that child, you can help pay for that child. Own your shit
Depends on the state- in Alabama yes! Just because you give up your rights doesn’t mean you have no responsibility to support the child, unless there is someone who adopts the child.
Depends on the state . Tennessee if you have been paying child support and up and decided to give up your rights you still have to pay and you should .
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In most states for them to legally give up rights there has to be someone else willing to take the place (ex: the mothers new husband) then if it’s legally done they court no child support.
If a person just chooses not to be a part of the child’s life but hasn’t signed off rights thru court then they still pay child support.
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In TN, you have to have someone to step in and adopt to get out of child support. You can give up your rights all you want but you’re still paying for that child. The term they use is they won’t “bastardize” a child
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In Iowa yes. My biological father signed his rights over when I was 14… he still paid Child Support.
In Georgia they can give up their rights but if already on child support they still have to pay UNLESS someone else steps in and adopts the child then that cancels out the child support
I think a lot of this depends on your state.
In general: once a parent signs their rights away (not just giving up custody. That’s a different thing) they are no longer legally considered that child’s parent, and therefore are not bound to be responsible for that child in anyway including financially.
They may still owe back child support, but they will not owe future support.
And while you can attempt to get them to pay through places like FSD, all he would really need to do is present paperwork from the courts that dissolved his parental rights and responsibilities along with those rights.
This also means that the parent who signed Thier rights away, can’t go to the court for visitation and has no legal say with the school or doctors.
(I was actually the “child” in this scenario but I was 16 and knew everything that was going on)
It’s a trade off.
Some states have adopted stipulations for a parent signing their rights away.
For example…In some states a parent cannot voluntarily sign their rights away unless someone else is willing to adopt the child in their place.
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Most of the time yes
We live in Alabama and my daughters ex husband signed away his rights and he doesn’t have to pay anything.
I’m Illinois, the noncustodial parent is still responsible for child support if there is an order for child support in place if they have given up their rights unless there is someone else willing to legally adopt the child and go in their place on the birth certificate. If there isn’t already an order for child support, then no I don’t believe that they would.
It depends on the situation and the state. My friends ex gave up his rights intentionally to avoid CS and the court still made him pay. We’re in PA.
It all depends on the state.
yes, unless the child is adopted by the step parent
Typically no. They have no rights to the child and terminate any parental rights
It depends on the situation. From what I was told a parent can’t give up their rights unless there’s a step parent (married to the biological parent not dating) that’s willing to adopt. That may differ between states. Then s/he wouldn’t pay child support. Legally he wouldn’t be the parent. I knew of a situation that the father’s rights were terminated by the court. He had to pay CS.
In Tennessee if you owe arrears yes and or past due yes you will still have to continue to pay child support I just went threw courts in November where my child’s father wanted to give up rights thinking child support would disappear until they told him differently in court
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It honestly depends…. Most of the time no but sometimes they do still order it
Depends on state and judge
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Depends on state. In virginia yes they still have to pay unless it is stipulated on the court order or your new husband/partner adopts your child.
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If they gave up their rights or if their rights were terminated then no
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it depends. most times, no becauss they signed away all responsibility… But in some situations, a judge will see through it & still require them to pay, even with no rights or visitation.
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Most states the child can’t legally not have 2 parents in this situation in sc the step parent has to be willing to adopt
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In Oklahoma if a parent signs over rights they still are required to pay cs unless the child is adopted by a step parent. It is my understanding that you can’t relinquish parental rights unless you have someone able to adopt or the parent just voluntarily signs the rights over.
Yes, in Oklahoma. The parents signed their rights away and the State still went after them for CS.
Depends on the laws and judge. A parent can have their rights taken away making them not allowed to be around the child but still financially responsible as well as a parent can lose all rights and responsibilities to their child where they are no longer financially responsible nor can they be around the child. Most places will not remove a parents rights these days unless there is someone to step in and take on the role for that child covering all rights and responsibilities.
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They should have to.
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Depends on state. In Michigan you still have to pay support after signing off rights. Unless there is an adoption happening. But it’s hard to do this. This state will not “bastardize” a child.
Giving up rights can’t just be said or done had to go through court to have legal rights terminated and most judges won’t do it because some parents believe that it will get them out of child support or financial responsibility and that’s not always the case. Every state is different and have their own enforced laws
In NC of the rights are given up then that parent doesn’t have to pay child support anymore. And their name can come off the birth certificate.
They are still legally financially responsible.
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In Ohio yes, unless someone adopts them.
YES YES YES. I work in this field and i have dealt with this you still have to pay. Only way you don’t is if the other offender
Parent says they don’t want it they arent on assistance and the judge approves it, but the exes almost never want to approve it and neither do the judges.
Also if they are adopted but if it’s after you’re rights are terminated you won’t be notified so toy wouldn’t know when to file unless you find out on your own.
This is the facts here
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They can sign away visitation rights but unless there is someone to legally adopt the child they are still legally responsible for financially supporting the child.
Mine signed off his rights 14 years ago doesn’t have to pay child support
In VA, I know a few parents that signed over their rights for various reasons and they were not obligated to pay child support.
Depends on your state. You can call your local Human Resources and get more help with that info.
In NY they still have to pay, unless someone adopts them
In MA yes. And I believe, I may be wrong but if you sign that birth certificate(biological or not)then you’re obligated till 18
Rights and Responsibility are two different things
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In Ohio, unless the parent is allowing someone else to legally adopt their child, they can’t just sign off their rights. Been going thru this for a year now. Thankfully she turns 18 in 2 months and my husband can legally adopt her then.
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Depends on state. In some cudy & CS are entirely separate. In most cases, CS is mentioned in the terms of termination
Depends on where you live. I share 50/50 with my ex even though it’s been three years since he’s seen our daughter (it’s for the best) and he still pays child support. I was told from the probate department even if I wanted sole custody and to terminate his child support. She said they could still make him pay
Yes. They still pay support.
Yes in Ohio, even if the child is in foster care
Nope not in California but the only way you can do that in California is if said child is going to be adopted by another adult.
Can I ask why u would want the parent to continue to pay?? Recipe for disaster! I got divorced, had custody and placement. He was to have supervised visits and pay child support. I told the judge I didn’t want a penny from him! Judge asked why and I went in closed chambers an explained that even though I had custody and placement I dit want money and have my ex think he still had a say or claim to the child because he gave me money here or there, or think he could show up at school or anywhere and show piece of paper. Claiming he is parent or responsible for a child he never sees. The judge said he understood, asked if I was sure and I could always change my mind later. Its been 8 years and I haven’t changed my mind. He wasn’t a good man, never wanted kids, but liked the pitty he got when he told people I ran oiff with his son when truth is, he put us out on the street in dead if winter and whole bunch bs. Plus then the other parent constant!my needs to know where u are. Most states no parents walk away after so many years or sign away rights you are responsible an nobody else.
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In California they cant voluntarily relinquish, only via adoption
Going through this right now in PA. I had to be legally married to my husband before we could start the paperwork to have her bio dad sign off rights. He has to go and testify to giving up his rights and agree to have my husband adopt. Then there’s a 30 day wait before my husband and I can petition and testify to readopt her. Once everything is complete my husband becomes her legal father, and child support is dropped. And God forbid anything happen in our relationship, he would then be responsible for the child support, not her bio dad.
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Can’t just sign away responsibility.
But if you both agree on it and the judge agrees for the reasoning behind it.
Then no that person doesn’t have to pay child support.
If they give up their rights they are not obligated to pay any support. My sons donor gave up his rights to 2 of his children and their mothers don’t receive anything
Having been in the family law industry for 25 years, my best advice is to go and consult with an attorney in your state/area. In Arizona (where I am), the answer to your question is yes, they still pay child support even if their rights have been terminated. But, it kinda sounds like that your question is more geared towards a father who is voluntarily giving up his rights……which is an agreement between the two of you…….which in that case means child support would be whatever the two of you agree to.
In general though, turning to the internet and other “moms” isn’t the place to get accurate answers. Visit with a professional in your jurisdiction.
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Depends on the state
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In Indiana a parent can only give up rights through a step parent adoption, or through the state (such as if kids have been removed). Child support is no longer required, except for any back support that is owed.
No payment . Better to have that type of Father out of their life .
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No if the father gives up right and both lawyers agree on it he does not pay child support. Depends on what state you’re from which is why you need a lawyer to give you advice. But you need to put that stipulation in there when he does sign off for having no more rights to his child and not paying child support that if you pass away that he does not have any rights to the child also because that can become a problem only because he’s the legal father. So you have to add that stipulation that the child will not go to him just because he’s the bio dad but you really need to have a lawyer to consult with even if it’s one that goes by what you can afford. So please consult a lawyer who can navigate you through all of the process properly and legally so your child does not lose that in case something happens to you before he is 18.
In New Mexico no they don’t if they give up rights
They should not have to that’s for sure
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No However, you’ll regret it later.
In Michigan yes. My brother tried to give up rights to his 1st born and then he found out is loser all would still have to pay child support.
Not in Florida as far as I know.
Depends on the state you live in
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In TN you can voluntarily sign your rights away. No child support unless back support is owed.
My nieces dad signed his rights away said he wanted nothing to do with her and the judge still made him pay child support…I was taken by the state from my dad…my mom signed her rights away the first time cps suggested it but my dad tried to keep fighting for me and my 2 sisters…after taking his rights and removing us and placing us in foster care he still had to pay child support for all 3 of us…so he says…I cant really confirm that story after re meeting my bio dad at 18 and knowing him for the last 12 yrs Iv learned he likes to add and subtract details and facts to play hero or victim in alot of things but I do know my sister got child support after the judge took her daughters bio dad’s rights away…I was in court the day they said his visitation was revokes and his rights were taken and we would still be required to pay child support for her…but this man had like 6 other kids all different momma’s and I think his record or reproducing and walking away is why…the judge even asked him ( because the man asked to sign his rights away…it wasnt even offered or an idea of the judge) why he would be so careless if he couldn’t be responsible for his child…
No you are freed from all your duties financially for that child.
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No they aren’t responsible for the child then
Depends on the state u live in
Depends on the state
My ex gave up his rights but the Court made him still pay what he owed from prior years before he signed the paperwork. I even told them I didn’t want anything from him but they insisted it was the law he got caught up
In Louisiana yes you do. My ex had to pay til the child was 18
Well its like giving the child up for adoption i doubt you would have to pay support Lol
This depends on the state.
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Depends on your state ! Look up the rights in your state