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Can voluntary parental reliquishment done by a notarized statement in PA?
"My husband gave custodial custody of his now 18 year old daughter who is a junior in high school to his ex wife. At the time, with Domestic Relations, she was $5400 in arrears in her child support. The agreement was that her arrearage would be her child support. The statements were that they both made up and had notarized were honored and signed by a judge through Domestics of another county. My husband was told today that they can't privately dismiss child support and he is now ordered to pay as her arrearages are no longer showing in the system. He was told by domestics he could relinquish his parental rights and would not have to pay the support. Can he do this with a notarized statement or do we have to seek legal counsel?"
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No he can't do it just by signing paperwork. Under what premis are they asking for child support? There should be existing paperwork trail of what has occurred. It needs to go before a judge to get straightened out. And is the child currently receiving SSD ? |
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We are in PA. The child is not receiving SSD, but she is still in high school and will not graduate until June 2011. His ex-wife thought he wasn't supporting their daughter and decided to go take him for child support. He has had the child since she was in diapers and her mother was in contempt with Domestic Relations 32 times. For some reason today, her arrearages are no longer showing in the system. He is going to call the previous county to see what they have to offer as the case is now open in another county.
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I see the issue is that they did not go though the original court, to have it approved by the judge, While you can not merely have an agreement notorized to make it legal or binding ( that merely proves who signed it) The judge signing it should be binding if that court had jurisdiction. |
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Making a private agreement has no force of law unless signed off by a court with jurisdiction in the case. Doesn't matter if it was notarized or not. If he has records of the judge ratifying the agreement, then take it to court and show that it was agreed to in court. Whoever told him that he could voluntarily relinquish his rights doesn't understand the law. |
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