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ashleeee · Feb 9, 2012, 04:17 PM

If my ex Gives up parental rights does he still have to pay child support

ashleeee · Feb 9, 2012, 04:33 PM

My ex wants to give me all rights toy daughter. He has never met her. She is 3 yrs old 4 In 2 months. He owes. Over 10,000 in BK pay and pays a little bit here and there. If I get all rights to my daughter, does he still have to pay child support? Actually he only paid for about 1 year. He is just starting to pay. He doesn't want her he should have to pay no matter what. Right?

ScottGem · Feb 9, 2012, 04:35 PM

What makes you think he can give up his rights? I suggest you read this

https://www.askmehelpdesk.com/family...st-116098.html

ashleeee · Feb 9, 2012, 04:35 PM

I forgot to mention this is in Jefferson Louisiana

Fr_Chuck · Feb 9, 2012, 07:09 PM

He can not just give up his rights, does not work like that.

AK lawyer · Feb 9, 2012, 07:54 PM

Originally Posted by ashleeee

If my ex Gives up parental rights does he still have to pay child support

In a word: yes.

ashleeee · Feb 10, 2012, 03:10 AM

To answer your question I am not forcing him to do anything! He doesn't want anything to do with her. He is volunteering! Thanks for answering my question.

ScottGem · Feb 10, 2012, 04:08 AM

Originally Posted by ashleeee

To answer your question I am not forcing him to do anything!

Who said you were? I would say that a large percentage of fathers, especially those who didn't plan the child, want to give up their rights. Mostly because they don't want to support a child.

But the law doesn't see it that way. The law says you helped create the child, therefore you have to help support it. So the courts will almost never terminate rights to allow a parent to get out of paying support.

And a parent can't "give up their rights", only a court can terminate them. A parent doesn't have to be a parent. They can have nothing physically to do with the child if they wish, put they will still have to provide financial support.

ashleeee · Feb 10, 2012, 05:41 AM

I hear u Scott my husband wants to adopt my daughter and the ex already agreed to it. Now I'd my husband adopts her does he still have to pay

ashleeee · Feb 10, 2012, 05:49 AM

I know that I have to talk to a judge about the termination of right... I kind of did already. My ex thinks he can get out of the support by doing this. Thanks for talking to me about this. I don't want to get the shaft... my girl deserves every penny from this Guy..

ashleeee · Feb 10, 2012, 07:26 AM

My husband wants to adopt my child. If he adopts her which her Bio father said OK does he still have to pay BK pay and does the support keep going?

ScottGem · Feb 10, 2012, 07:52 AM

Originally Posted by ashleeee

My husband wants to adopt my child.

I wish people would understand that they need to give us the whole story. Did you read the sticky I linked you to?

The fact that your husband wants to adopt is a key fact here that should have been included up front, it changes our answer. Yes, the bio father can relinquish his rights to clear the way for an adoption. That is one of the primary reasons for a court issuing a TPR.

As soon as the adoption is final, the bio father will have no further legal ties to the child. Therefore, support will cease at that point. However, if there are any arrears he can still be held responsible for paying those.

ashleeee · Feb 10, 2012, 09:43 AM

Yes I did read it! Thanks for explaining it anyway.