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solful1 · May 22, 2007, 07:37 AM

My boyfriend has been paying child support for a while, however because he lost a job and was out of work the mother ( who has a dual income) reports that she has not been receiving payments. After going to the courts to petition for money, she calls and ask why she had not received payments? Of course she was told that the temp job that he has, has been in compliance. Just recently he was arrested for non payment which is not true!
Now he is considering signing over the child. The mother didn't ask for this but he is constantly being arrested for non payment and she knows he is paying! He is not able to live off $103.00 a week. If he signs over he rights will he still have to pay support?

LadyB · May 22, 2007, 08:13 AM

Can he prove he has made the payments either with check stubs, money order receipts, or bank statements showing automated withdrawals? If so, how is she getting him arrested?

He can terminate his rights to visitations and having a say so in his child's life, but he cannot voluntarily terminate his responsibilities and child support payments.

He needs to work with Child Support Enforcement on this, find out what he needs to do to prove he made payments and prevent getting arrested, and see what they can work out as far as an emergency modification due to his income problem.

tawnynkids · May 22, 2007, 02:11 PM

I would suggest your boyfriend continue to pay the child support WITH A CHECK, do not ever give cash. He must have proof that he paid her. It is his responsibility to provide that proof. Child Support Enforcement will not likely help in keeping track of payments as it usually has to be the custodial parent to open the case. If one is already open then they would be keeping track of payments and he is being found in contempt for good reason.

Typically he can not sign over rights and the obligation to pay child support unless there is a step parent willing to adopt. It might be possible for him to sign over his rights in that he will have no say so what so ever in how the child is raised and he will have no right what so ever to see that child, but he would still have to pay child support. The state will not force his half of the financial obligation for that child to be put on the mother alone and the state will not bear the burden either.

Fr_Chuck · May 22, 2007, 05:30 PM

Ok, first signing over his rights don't have a thing to do with paying child support he can sign his rights to visit the child away but still have to pay his support.

Only if the child is going to be adopted by a step parent will child support stop. AT this point he can't be arrested for non payment if he is paying.
She would have to have proved him behind in court and the judge would have to have ordered this.