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    matipolsa's Avatar
    matipolsa Posts: 3, Reputation: 1
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    #1

    Nov 27, 2007, 11:13 PM
    A father who terminated his rights and got out of payig child support with no adoptio
    Is there an appeal date for a mother if the father voluntarily terminated his rights and both mother and father agreed the father could waive the child support at the time, since the father was a full-time student and currently earned no income? Can A mother take this back to court for child support and just remodify the part where it said that he could not because of no income? Also could the father come back and try to relinquish some of his rights, even though he terminated his rights! He also has a son that is five and a half months younger than our daughter from another mother! Please help! I don't understand how he got out of child support! I am still single and have been since the divorce and our daughter has never been adopted by anyone! Has anyone ever heard of such a case! I live in Florida! Thank You!
    macksmom's Avatar
    macksmom Posts: 1,787, Reputation: 152
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    #2

    Nov 28, 2007, 06:20 AM
    Well first off you say
    I don't understand how he got out of child support!
    ... but stated just prior that
    both mother and father agreed the father could waive the child support at the time, since the father was a full-time student and currently earned no income
    ... well there is your answer on that.

    Also could the father come back and try to relinquish some of his right, even though he terminated his rights!
    "relinquish" and "terminate" are the same thing in regards to parental rights... they mean he either gave up or the courts took away his parental rights... if you are meaning can he try and get his parental rights back, I doubt it but since no one has adopted the child, he could try.

    He is still financially responsible for the child until someone adopts, you just have to go to court and get child support started because you agreed to not make him pay previously, so now you need to petition to have child support started.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Nov 28, 2007, 07:22 AM
    You need to check this out carefully. It is VERY rare for a parent to be granted a voluntary termination of rights, especially when there is no one waiting to adopt the child. Are you saying a court actually agree to his relinquishing his rights? Do you have court papers confirming that?

    Even in the unlikely event he was granted a TPR, that doesn't necessarily mean he has no obligation for child support. Its possible child support was postponed since he had no income to pay it. But as soon as he got a job, the mother should file for a modification of the support agreement.
    matipolsa's Avatar
    matipolsa Posts: 3, Reputation: 1
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    #4

    Nov 28, 2007, 11:22 PM
    Quote Originally Posted by matipolsa
    Is there an appeal date for a mother if the father voluntarily terminated his rights and both mother and father agreed the father could waive the child support at the time, since the father was a full-time student and currently earned no income? Can A mother take this back to court for child support and just remodify the part where it said that he could not becasue of no income? Also could the father come back and try to relinquish some of his rights, even though he terminated his rights! He also has a son that is five and a half months younger than our daughter from another mother! Please help! I dont understand how he got out of child support! I am still single and have been since the divorce and our daughter has never been adopted by anyone! Has anyone ever heard of such a case! I live in Florida! Thank You!
    I do understand now that I did answer some of my own questions, big mistake on my end! I should have read it before I posted it, it was very late when I wrote it! Although for some I do not know for sure all of us, these can be very overwhelming emotions that we have to go through, and we all have to make huge decisions that may affect our child(dren)(s) an aunt, uncle, grandfather, mother... etc. So we just want to make sure we make the right ones and never the wrong and even when we have thought we've made the rigth one's who's to tell they were even right! I just hope that someone on here can really fullful some the questions that I have been trying to figure out on my own, but it is just so hard! Maybe now I see that I was just too nieve at the time to know that now our daughter has been the one doing without as far as her father is concerned to his obligations. I was fine with it then but in the past year, year and half she has told she can't have certain things because her mother is really sacrificing to make end meet! This is just a terrible feeling any mother or father for that matter, to have to go through, we do what we can do to make anything happien when our children are concerned, but I really do not understand how any man can get away with signed his rights but also getting away with no child support, knowing that his child was not going to be adopted anytime soon! A judge very well ruled to this and to make even better is why didn't this judge say okay well I see that this man doesn't want to be a part of this child's life and he has already terminated his rights, it had to have been very obvious to this judge, because the father and his attorney never even showed up for that court date! This man has never been financially responsible for his child since the day she was born, even up to the day he signed his rights over! So now since I did agree to him signing his rights over, and now I want to take him back to remodify child support, will or does have any right to come back and sue me for visitation? And will he get visitation because of the things that has never shown interest in regarding his child, how does this work? I am very confused?

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