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larinda white · Jan 25, 2013, 10:13 PM

My 7 year old daughters biological father wants to give up any rights he has to her. He has not seen her in over 6 years. He just doesn't want to pay child support. He won't even take a DNA test. How do I start the termination process?

J_9 · Jan 25, 2013, 10:19 PM

Termination of parental rights means that he will terminate his rights as to any form of decision making when it comes to her life, health, well being, etc. He will still be required to support her.

larinda white · Jan 25, 2013, 10:24 PM

Originally Posted by J_9

Termination of parental rights means that he will terminate his rights as to any form of decision making when it comes to her life, health, well being, etc. He will still be required to support her.

So what about if he is now on full social security disability as his only income?
I'm not looking for him to want to help her now after so long. I just want it over with.

J_9 · Jan 25, 2013, 10:28 PM

If he is collecting, she should be able to be collecting as well.

larinda white · Jan 25, 2013, 10:38 PM

Well what should someone do in this situation? Let him try and hive up his rights or press for child support? My daughter also receives ssi, would that make a difference too?

J_9 · Jan 25, 2013, 10:44 PM

There really isn't a lot of information to go on so I'm just guessing here.

If your daughter is receiving SSI, most likely she is receiving because of him. Correct?

If he is not working you are collecting the most you can collect.

TPR is used to open your daughter up for adoption. Usually step-parent adoption.

larinda white · Jan 25, 2013, 10:49 PM

She is receiving because of complications at birth that left her with a seizure disorder and cerebral palsy. Not because he is receiving it. Would child support take ssi from him to give it to her?

larinda white · Jan 26, 2013, 09:28 AM

I have a 7 year old daughter her father and I have not been together on over 6 years. My daughter is on ssi from complications at birth that left her with cerebral palsy and a seizure disorder. Her biological father is now receiving full ssi disability. Will he still have to ay child support if ssi is his only income? He said he will not y and if they try to make him he will sign his parental rights away so he won't be responsible anymore. Should I try for child support or just let him sign away the rights to his daughter? I am so lost

JudyKayTee · Jan 26, 2013, 11:00 AM

He can't legally sign his rights away. He is attempting to bully and threaten you.

Of course you should file for child support.

larinda white · Jan 26, 2013, 11:10 AM

Originally Posted by JudyKayTee

He can't legally sign his rights away. He is attempting to bully and threaten you.

Of course you should file for child support.

Of course he is, that has been his style all along. He is in Texas and We are in California, he seems to think I will have to let my disabled daughter go see him after all this time. She doesn't know who he is. I had never asked for anything from him. Now I am and he doesn't want to help her. Says his lawyers say he won't have to pay anything because he has no other income. He asked me why I can't just drop it and "let him sign away his rights to her like all the other girls did"
Would he still have to pay if ssi is his only source of income?

AK lawyer · Jan 26, 2013, 12:11 PM

Originally Posted by larinda white

... Would he still have to pay if ssi is his only source of income?

Most state child support guidelines do not exempt SSI from what is considered income for purposes of calculating the child support which would be due from the non-custodial parent. In many states, in fact, a minimum child support amount will be imposed even if he has no income. However I don't think if there is a procedure for garnishing SSI due to him from the Social Security Administration.

When he receives it, however, it could be taken from him.

JudyKayTee · Jan 26, 2013, 01:09 PM

If he hasn't paid child support because you haven't filed for it he's not the only one who didn't step up here. You have an obligation to make sure your child has the best lifestyle possible. Now, after 6 years, you are pursuing support.

Or are I missing something?

larinda white · Jan 26, 2013, 02:07 PM

Originally Posted by JudyKayTee

If he hasn't paid child support because you haven't filed for it he's not the only one who didn't step up here. You have an obligation to make sure your child has the best lifestyle possible. Now, after 6 years, you are pursuing support.

Or are I missing something?

Now after over 6 years I know where he is. Not missing anything, I've had an open child support case since 2006. Now that he was located and has contacted me on Facebook after he started to received papers from the district attorneys office in Texas.

JudyKayTee · Jan 26, 2013, 02:13 PM

Good - he couldn't be found for 6 years? Child support offices need more funding, more people.

Glad to hear you didn't let this slide!

ScottGem · Jan 26, 2013, 02:15 PM

When you say "open child support case" do you mean you were awarded support but couldn't enforce the award because you couldn't find him or that you had filed for support but the case never resulted in an award?

larinda white · Jan 26, 2013, 02:17 PM

Originally Posted by JudyKayTee

Good - he couldn't be found for 6 years? Child support offices need more funding, more people.

Glad to hear you didn't let this slide!

I had a disabled daughter at the age of 16 with a guy who was 22.. my family wasn't too happy about the situation. Especially after he started hitting me and then left me

larinda white · Jan 26, 2013, 02:25 PM

Originally Posted by JudyKayTee

Good - he couldn't be found for 6 years? Child support offices need more funding, more people.

Glad to hear you didn't let this slide!

I had a disabled daughter at the age of 16 with a guy who was 22.. my family wasn't too happy about the situation. Especially after he started getting abusive while I was pregnant. He also has a son who is 10 in Tennessee my daughter who is 7 and another son in Oregon who is about to be 7 also a son in Texas who is 6 will be 7 in may. He said all the other girls let him sign his rights away so he wouldn't have to pay anything out. He said it would take all his income away just to pay anything. I just want it over already. He doesn't care about the kids he has had.

larinda white · Jan 26, 2013, 02:27 PM

Originally Posted by ScottGem

When you say "open child support case" do you mean you were awarded support but couldn't enforce the award because you couldn't find him or that you had filed for support but the case never resulted in an award?

There was never an award. He has refused to take the DNA test to this day.

ScottGem · Jan 26, 2013, 02:30 PM

He is lying if he told you that the others allowed him to sign away his rights. As for refusing a paternity test, if the court can find him, he can be arrested and compelled to take one. Since the case is still open the awarding of arrears will be up to the court.