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huggies20 · Jan 21, 2008, 04:25 PM

Ok, my husband terminated his parental rights to a child, and the mother filed a motion prior stateing that she would drop all child support if he did this... he asked the judge if he would owe her any back child support, & he said he would not owe her a thing... a month later she tells the child support worker she wants the back support... can she do this or do you think the judge will allow her to change her mind and trick him like this? The judge also asked her during the court session if she agreed to drop it all and she said yes... We are in Ky if this helps.. thanks a lot

N0help4u · Jan 21, 2008, 04:41 PM

I think that unless you have the back child support being dropped in writing he is going to have to pay it. From my experience and things I have heard from mothers from many states, even other countries, the child support/family courts play games that end up as he said she said and the side the court takes is the one that wins.

ScottGem · Jan 21, 2008, 05:19 PM

If its in the hearing transcript that she dropped all support, then he's safe. I'm curious though, under what conditions rights were terminated. Generally a court will not terminate rights unless there is soemone waiting to adopt or the parent presents a danger to the child.

huggies20 · Jan 21, 2008, 05:53 PM

If both parents agree to let one terminate their rights, then the court will allow it, at least here they will... I don't know if they have court transcripts, but she did tell the judge she wouldn't want the back support, and like I said we have a paper that is also in the court files saying she would drop any and all support... hopefully he won't have to, it should be obvious to the judge she has lied to him and the attorney.

huggies20 · Jan 21, 2008, 05:53 PM

Thanks for responding by the way!

huggies20 · Jan 21, 2008, 05:58 PM

Also the judge wrote for termination of child support entered, which the child support worker did not see -to my knowledge... does entered inclue back support or what's the mean? Sorry & thanks again

N0help4u · Jan 21, 2008, 06:09 PM

I believe they have to both be specified. If it just says termination of child support it does not cover back. It has to state back as well

ScottGem · Jan 21, 2008, 06:14 PM

This is why most courts will not allow termination of rights. What happens if the mother needs to go on welfare? The state would want to come after the father for support.

cdad · Jan 21, 2008, 06:24 PM

Sometimes depending on the state your from it doesn't matter what a judge says about child support or arrears. A worker can decide to overide what a judge has ordered even though you had stood in front of a judge and worked it out. Calif is a state where that can happen. Insanity if you ask me. You will again need to consult a lawyer for your situation.

huggies20 · Jan 21, 2008, 07:28 PM

You can only receive welfare here for 5 years, and the mother has already, so she can't get it again.. and he does have to pay the state back for that... and his child support worker does go by what the judge orders, he told him if he wanted to take her back to court over it to go ahead, but that the mother's statement about it wasn't an order from the judge so he can't do anything. I guess we will just have to wait and see what happens in court... Thanks all for the replying.

huggies20 · Feb 11, 2008, 01:05 PM

Hey everyone it was dropped since she agreed to it prior, she couldn't change her mind.. ha