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ju2ma2 · Apr 21, 2009, 01:21 PM

I have a question that's just a little different from the other situations I've seen. When I and my ex-husband divorced, he fell way behind on his child support as well as he wasn't spending any time with our son anyway. After about 6 months, I went to court to see about having his parental rights terminated, and as a stipulation - said that I would not seek back child support, nor child support going forward... he didn't show for the hearing... and his rights were terminated. However, I have this question... since there is no verbiage in the documents stating that child support would be terminated, and since my son has not been adopted, is he still entitled to receive the child support? A friend who is an attorney told me that a parent cannot deny a child their support, so that my son could go back to court and sue his father for it... is this remotely true?

ScottGem · Apr 21, 2009, 01:25 PM

The court actually terminatd his rights? On what grounds? What state are you in?

ju2ma2 · Apr 21, 2009, 01:31 PM

Yes. I live in Alabama. The verbiage states "Appearing are Merry Taylor, Guardian ad Litem for minor child; A. Scott Roebuck, Attorney for Petitioner; mother present, father appearing late.
This cause coming to be heard on a Petition for Termination of Parental Rights of (father's name) the father of the above named child. Said child is found dependent, and child's father, (father's name) having filed a consent to said termination of his parental rights, it is hereby ordered that all parental rights (father's name) has in and to (child's name) are hereby terminated and permanent custody of said child is to remain with the mother."

ScottGem · Apr 21, 2009, 01:51 PM

This is very odd because I can see no good reason for granting the TPR. But I aloso can't find anywhere in the Alabama code that defines whether a TPR also terminates responsibility. So I suspect he would still be liable for support.

ju2ma2 · Apr 21, 2009, 01:52 PM

Thanks so much for your help!

ANB428 · Apr 21, 2009, 04:22 PM

How did you do this in Alabama? I live in Alabama too and I want to do this and have been trying to figure out how to. Can you please let me know the process and if you are in Northern AL or Southern AL? Thanks!

ju2ma2 · Apr 22, 2009, 08:03 AM

After my divorce was final, my ex-husband was found in contempt of court for not paying the child support. So I made an offer to him that if he would terminate his rights I would not ask fir any more child support or what he had in arrears. You can go through your attorney and get all the info you need, ot call your local family court for info... it was not a hard process for me at all...

ju2ma2 · Apr 22, 2009, 08:04 AM

Also, I'm in Birmingham... I used Paden and Paden in Bessemer, and Scott Roebuck was my attorney.

ju2ma2 · Apr 22, 2009, 08:05 AM

And yes, Scott, your answer was very helpful to me. I appreciate your information...