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My two younger children live with my ex. He has full custody. We have been divorced for two years now. I pay child support towards my children. He now is taking me to court for two different reasons. FIRST- He wants me to give up all parental rights. SECOND-He wants more child support. I am a single mom raising a teenage daughter and don't receive any support for her. Will the judge make me pay more support, even though my EX is asking me to give up my parental rights?? I am just sick over this.
If you give up parental rights you don't have to pay child support. And he can't just say "Give me more money". I do believe its based on your income and ability to pay.
As answered on over 1000 posts here and almost 3 or 4 every night,
Child support and a giving up thier parent rights have nothing to do with each other except if there is a step parent that is going to adopt.
You do not have to give up your rights, that is your choice, and even if you decide to do it, your court ( judege) may not even allow it.
But you would still owe child support, that amount is based on state law in the US, so he can ask that your income be reviewed,
I understand that child support and rights of a parent are not connected. My take home pay after taxes and court order support are taken out of my paycheck each week is lousy. A total of over $70 a week is taken out of my check, so it kinda hurts. Over $58. a week alone is taken out for health insurance which is part of the court order. I don't mind paying support towards the children at all unlike a lot of stories I have read from others. I love my children, and miss them. It is my EX's behavior that makes me ill. He won't let me see my children! On mother's day I couldn't see them!! I am kinda glad it has come to this, the court petition definately needs updating. The judge needs to know all this. I just hope he doesn't get more out of me. It isn't fair to my daughter I'm raising by myself. I can't always get her things she needs...it really hurts.
Ok, first, lets get the facts on Termination of Parental Rights (TPR). State laws differ on this and in some states a TPR does end child support, in others it doesn't. But in those states where it does its even harder to get a TPR. The bottomline is that Family Courts are VERY reluctant to issue a TPR especially an involuntary one. Generally TPRs are issued in only two instances; to clear the way for an adoption or if the parent represents a danger to the child. If neither situation applies to you, your EX is not going to get a TPR especially without your consent.
Now the issue of child support. Child support is generally dictated by law as a percentage of the Non custodial parent's income. Your ex can petition for increased support if your income has changed, but if it hasn't materially changed, he's not going to get it.
Finally the issue of visitation. Is there a court ordered visitation schedule in place? If he's not allowing you visitation under that order, then he is in contempt of court and you can petition the court to enforce the visitation schedule.
So, I think you're right, it may be good that he's dragging you back to court. He's going to have to justify his requests and, unless he can, the judge is not going to feel kindly about him violating the court orders.
My two younger children live with my ex. He has full custody. We have been divorced for two years now. I pay child support towards my children. He now is taking me to court for two different reasons. FIRST- He wants me to give up all parental rights. SECOND-He wants more child support. I am a single mom raising a teenage daughter and don't receive any support for her. Will the judge make me pay more support, even though my EX is asking me to give up my parental rights?? I am just sick over this.
In Oregon, there are specific periods of time that child support can be adjusted (2-3 years per adjustment) unless there is a significant change in one sides income. Also, child support is based on what each parent provides for the child, time the children spend with the parent (overnights, not just days) and each parents income. If the court finds that either side should contribute more to the support of the child, that's what happens.
As far as your "parenting plan" goes, that is a court ordered visitation plan. If it's being violated, you MUST file a complaint to the court and have the problem recitified. Whatever is in the parenting plan is enforceable by the court. The police won't help you so you need to petition the court.
The courts don't care about either parents hardships ony what should be paid in support to the other parent. My ex refuses to work because her husband makes too much money for her to work and because of that I pay quite a bit. I barely scrape by while they make over $100,000/year. Good times, good times.
Unfortunatly, it sounds like you have a real greedy ex and that's the worst, trust me. Good Luck
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