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zebracakefreak · Mar 11, 2009, 10:57 PM

Does anyone know how this works in New York state?
My ex wants to sign off his rights to our 2 children, as he seems to think this will erase all the child support he's supposed to be paying, and keep more from accruing. I have heard that the child support only stops if the kids are adopted by someone else, but I don't know for sure.
I've read through the threads on here but none seem to be specific to any state so if anyone knows how this works in New York please let me know - thanks!

stevetcg · Mar 12, 2009, 08:55 AM

It works the same way in NY as it does everywhere. He cannot just sign over rights except in VERY rare cases and even if he did, it would not stop his obligation to pay support.

Support will end when the kids are emancipated (18-22 depending) or your new spouse adopts them.

ScottGem · Mar 12, 2009, 09:07 AM

Originally Posted by zebracakefreak

I've read through the threads on here but none seem to be specific to any state so if anyone knows how this works in New York please let me know - thanks!

If you've read through the threads, I don't really understand your question.

There is a sticky note at the top of this form that discusses this issue. In there it says:
Most areas make it difficult for a bio parent to relinquish their parental rights. Usually its allowed only to clear the way for adoption of the child.

So the question about whether this will stop child support is moot. He is never going to be allowed to relinquish his rights. No court is going to grant a TPR just to allow the parent to stop support. This is a frequent misconception.

State laws do vary as to whether a TPR stops support or not. But you have no reason to be concerned about it, since he will not be granted a TPR. In the unlikely event he is granted one, it will be because state law doesn't stop support.