The father of my son wants to sign over all parental rights, and apay child support on his own and not through the paycheck.

Is that possible?

Is it also possible if I go to welfare and try to get assistance that they won't go after his paycheck? I need the help, but I don't want his check getting money taken out of it... he pays on time all the time...

I know this off hand. If he signs away all rights and you let him do that he WILL NOT have to pay you child suuport at all, he gave absolutely ALL 110% right away to the child. They will not take money from his pay check, but he can only do that if you allow him. I don't think you want to do that because you can never go after him for $$$$. Once you sign that paper there is no going back. Just think about it and be careful!

If he terminates his rights, he is still going to be paying child support. He will continue to pay child support until you get remarried and your new husband wants to adopt the child OR your son reaches the age that is set in your divorce papers (18 or 19 or even still in college).

DO NOT let him pay child support on his own - that is just asking for trouble. Check your divorce papers (am assuming you two were married) and see if the child support is court ordered and set through the courts to come out of his paycheck. If it is - do not mess with that. EVER. This child support is for your son and deservedly so - don't give this guy any angle out of it.

Actually, it's federal law, and has been since 1990, that child support payments are made via wage withholding. The one exception to this is the case where an obligor is self-employed. Then obviously he pays it on his own. Now that's not to say that there aren't "deadbeat dads" who don't skirt their way around the system, such as by working under the table, changing jobs frequently, remaining willfully unemployed for extended lengths of time, etc. Now, as far as getting welfare benefits goes, is the child support that he's paying on his own court-ordered or is it just money that he gives you of his own accord? If it's not court-ordered then there's no record of him paying it so if you were to apply for welfare benefits they would certainly go after his paycheck or compel you to do it. If it is court ordered then you probably wouldn't qualify for welfare benefits since it would be on record that you are receiving child support. But if it is court ordered then it's irregular that he's getting away with paying it to you directly and not having his wages garnished or, at the very least, sending the money to whatever agency in your state handles child support collections and disbursements. The only exception would be if he had been self-employed at the time that the court order was entered but his employment situation has since changed and the court's not aware of it. But even in the case of self-employment, he shouldn't be sending the money directly to you but rather to whatever agency in your state handles child support, on your and the child's behalf.

If you apply for public assistance, they will require that he reimburse them. If he can prove he is paying enough, they may let him off, but unlikely. Relinquishing his rights is NOT the answer. A court is unlikely to approve it unless there is someone waiting to adopt.