Ask Experts Questions for FREE Help !
Ask
    pandacooda's Avatar
    pandacooda Posts: 6, Reputation: 3
    New Member
     
    #1

    Jul 2, 2007, 07:35 AM
    Do you still have to pay child support if you give up your rights to a child?
    My boyfriend found out he had a child last summer. The child was already six months old when he was told it was his. My boyfriend had a one night stand with this woman. He didn't and still doesn't even know her. One day she just saw him driving and called out to him, raising the child into the air and said it was his. Now she claims that DHS is going to take away her welfare benefits and gave all information she has on my boyfriend. They want to do DNA testing and collect child support. He doesn't want to have anything to do with this child. If he signs his rights over, will he still have to pay child support? It just doesn't seem fair that this women made the decision on her own to keep this child knowing that she may never see his father again, and is now trying to nail him with child support. She is on complete welfare and has no idea what it is like to work hard for your money. What are my boyfriends rights in all of this?:confused:
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
    Ultra Member
     
    #2

    Jul 2, 2007, 07:37 AM
    Yes, still accountable for the support of the child. DNA testing is a good idea, may not be his.
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    Jul 2, 2007, 07:41 AM
    If you check the many threads on this subject you would have already had your answer. One can relinquish there parental rights, but not their responsibility. He will have to undergo a DNA test and, if the child is his, he will have to pay.

    However, I would not assume the test will come back positive. If the woman is as you describe her she may be guessing as to parentage.

    As for the fairness of it all, was it fair for your boy friend to have unprotected sex (I'm assuming that) with this woman as a one night stand? Is it fair for my taxes to have to go to support a child that your boyfriend isn't willing to? Sorry, but I have almost no sympathy for your boyfriend who couldn't keep it in is pants.
    LadyB's Avatar
    LadyB Posts: 320, Reputation: 42
    Full Member
     
    #4

    Jul 2, 2007, 08:02 AM
    f he signs his rights over, will he still have to pay child support?
    Yes, unless the relinquishment is to clear the way for an adoption, in which someone else accepts the rights and responsibilities, he has to pay child support.

    What are my boyfriends rights in all of this?
    If proven to be the father via DNA tests he has the right to a relationship with the child, with joint custody and visitation, or he has the right to try for primary physical custody and raise the child himself. Why would he want his kid raised with such a woman? One night stand or not, this is his progeny and he has to take the responsibility, so why not view it as an opportunity to be a great dad and raise a healthy, happy kid instead of looking at it as some kind of tragedy?
    macksmom's Avatar
    macksmom Posts: 1,787, Reputation: 152
    Ultra Member
     
    #5

    Aug 8, 2007, 05:51 AM
    They cannot start collecting child support until he is proven to be the father. Once the DNA test is complete (which he will have to do because it will be court ordered) that will give you your answer... if he's the father or not.

    It's not as easy as you think... he can't just give up rights. If that's his child its his responsibility to support it. The only way he would be able to sign over his parental rights is if the mother agrees, and there is someone willing to adopt the child in his place. Otherwise, he will be responsible for supporting this child, regardless if wants to or not.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
     
    #6

    Aug 8, 2007, 06:38 AM
    Quote Originally Posted by ScottGem

    As for the fairness of it all, was it fair for your boy friend to have unprotected sex (I'm assuming that) with this woman as a one night stand? Is it fair for my taxes to have to go to support a child that your boyfriend isn't willing to? Sorry, but I have almost no sympathy for your bf who couldn't keep it in is pants.
    :)Scott, I like your last sentence
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
     
    #7

    Aug 8, 2007, 06:45 AM
    Quote Originally Posted by pandacooda
    What are my boyfriends rights in all of this?:confused:
    If he is proved to be the father he has rights /and obligations/ to pay child support next 18-22 years.:D :D :D
    If he pays monthly he will take advantage of his right more than 200 times
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,277, Reputation: 7690
    Expert
     
    #8

    Aug 8, 2007, 06:51 AM
    Yes, as you have already noted, don't matter if a one night stand, or a 30 year relationship. Does not matter if he wanted the child or not.

    But yes if the mother is getting welfare, that state will hunt him down and get every penny due under law.

    He can give up rights ( which means he can never see the child, never know his child) but he will still have to pay. He should want to know his child and ask for visits and the such.
    ooJenniferoo's Avatar
    ooJenniferoo Posts: 2, Reputation: 0
    New Member
     
    #9

    Aug 11, 2007, 06:57 PM
    My brothers first child... he decided after 2 years that he didn't want anything to do with him so he gave up all rights and gave full custody to the kids grandparents (the parents of the mother) and he hasn't had to pay ANYTHING since then. I'm not sure if they have actually adopted his son or not, I just know that neither my brother or the kids mom have to pay anything or have anything to do with the child.
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #10

    Aug 11, 2007, 07:24 PM
    Quote Originally Posted by ooJenniferoo
    My brothers first child.....he decided after 2 years that he didnt want anything to do with him so he gave up all rights and gave full custody to the kids grandparents (the parents of the mother) and he hasnt had to pay ANYTHING since then. I'm not sure if they have actually adopted his son or not, i just know that neither my brother or the kids mom have to pay anything or have anything to do with the child.
    What has probably happened here is that the parents haven't asked for support. NOT that your brother or the mother were relieved of paying anything. The laws in almost all jurisdictions separate parental rights from parental responsibilities.

    Its really not helpful to relate a single experience that you apparently don't know all the facts about as advice to someone. The circumstances of your brother's case may not fit the OP's circumstances.
    ooJenniferoo's Avatar
    ooJenniferoo Posts: 2, Reputation: 0
    New Member
     
    #11

    Aug 11, 2007, 09:38 PM
    Quote Originally Posted by ScottGem
    What has probably happened here is that the parents haven't asked for support. NOT that your brother or the mother were relieved of paying anything. The laws in almost all jurisdictions separate parental rights from parental responsibilities.

    Its really not helpful to relate a single experience that you apparently don't know all the facts about as advice to someone. The circumstances of your brother's case may not fit the OP's circumstances.

    Actually the parents HAVE asked him for support. But he proved he is not legally obligated to do so. And they are not obligated to let us see his son. But his son is about 11 now, so I'm sure if there was something the grandparents wanted to do legally, then they could have by now.
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #12

    Aug 12, 2007, 04:48 AM
    Then something else is going on here. I doubt seriously if a court would allow someone to get out of the responsibility to pay child support just by relinquishing parental rights.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
     
    #13

    Aug 12, 2007, 05:23 AM
    Quote Originally Posted by ooJenniferoo
    Actually the parents HAVE asked him for support. But he proved he is not legally obligated to do so. And they are not obligated to let us see his son. But his son is about 11 now, so I'm sure if there was something the grandparents wanted to do legally, then they could have by now.
    I am pretty sure they have never been in court...
    Guest's Avatar
    Guest Posts: n/a, Reputation:
    Guest
     
    #14

    Apr 4, 2008, 01:18 PM
    Quote Originally Posted by ScottGem
    If you check the many threads on this subject you would have already had your answer. One can relinquish ther parental rights, but not their responsibility. He will have to undergo a DNA test and, if the child is his, he will have to pay.

    However, I would not assume the test will come back positive. If the woman is as you describe her she may be guessing as to parentage.

    As for the fairness of it all, was it fair for your boy friend to have unprotected sex (I'm assuming that) with this woman as a one night stand? Is it fair for my taxes to have to go to support a child that your boyfriend isn't willing to? Sorry, but I have almost no sympathy for your bf who couldn't keep it in is pants.
    Yes. If a DNA test id postitive, he is still liable for the child. And as far as the comment above I completely feel bad for him. That's all every man wants and we all know it, so she isn't no better laying down speading her legs either. It goes both ways. You get pregnant its always the women's decision. Don't have sex with them, or take care of your babies without there help in a situation like this. And yes I have my own kids.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,505, Reputation: 4600
    Uber Member
     
    #15

    Apr 4, 2008, 02:09 PM
    Quote Originally Posted by ooJenniferoo
    Actually the parents HAVE asked him for support. But he proved he is not legally obligated to do so. And they are not obligated to let us see his son. But his son is about 11 now, so I'm sure if there was something the grandparents wanted to do legally, then they could have by now.

    Could you tell us what State this happened in and how he proved he is not legally obligated to support his child.

    Sounds to me like perhaps the Grandparents adopted the child -
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,505, Reputation: 4600
    Uber Member
     
    #16

    Apr 4, 2008, 02:11 PM
    Quote Originally Posted by pandacooda
    My boyfriend found out he had a child last summer. The child was already six months old when he was told it was his. My boyfriend had a one night stand with this woman. He didn't and still doesn't even know her. One day she just saw him driving and called out to him, raising the child into the air and said it was his. Now she claims that DHS is going to take away her welfare benefits and gave all information she has on my boyfriend. They want to do DNA testing and collect child support. He doesn't want to have anything to do with this child. If he signs his rights over, will he still have to pay child support? It just doesn't seem fair that this women made the decision on her own to keep this child knowing that she may never see his father again, and is now trying to nail him with child support. She is on complete welfare and has no idea what it is like to work hard for your money. What are my boyfriends rights in all of this?:confused:

    Everyone else has covered this really well so my only comment is I think he did and does know her. Depends on how you define "know."

    Your boyfriend is something less than a stand up guy.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search


Check out some similar questions!

Child Support - 2 child living at separate parents - 1 child turning 18 soon. [ 6 Answers ]

I will try not to make this too long but I went through a 3 year court battle with my ex with our 2 kids who are now 17 (Daughter) and 15 (Son). My son has been living with his dad since he was like 9 because I let him. Court battle was dropped due to judge thinking my ex was lying after 3 years...

Why does anyone sign away parental rights, if they still pay child support? [ 10 Answers ]

I've been doing lots of reading up on signing away parental rights, and have read over and over that you are only signing away your rights, not your responsibilities or obligations. What I don't understand, is, why would a father choose to sign over his parental rights, yet still be obligated...

Give up rights to a child--still pay child support? [ 11 Answers ]

I live in Florida and have a question about giving up the rights to a child that has been determined by DNA testing. If rights are given up, does that parent still have to pay child support?

Bio father rights/abandonment of child/child support? [ 6 Answers ]

I am 6 weeks pregnant and the father is my ex boyfriend. I reached out to him 3 different times to see how he felt about this and what his interest would be in terms of involvement with his child. He has been quite verbally hostile and told me to die and other choice things. What time frame...

Give up my rights to my child [ 2 Answers ]

My ex husband wants to give up his rights to our daughter. How does he go about signing all his rights over.


View more questions Search