[jennifer lorett]

My husbands ex girlfriend called him today and told him if he signs his rights away she will agree to him not having to pay child support my question is with both parties agreeing to no child support will the judge be in favor or could the judge make him continue paying child support even if the mother says she no longer wants it and they both agree to termination of rights

[GV70]

Termination of rights has nothing to do with child support. If his rights are terminated that means he will never has a say about child upbringing. The mother may go to court at any time and to ask for child support again. No judge is under obligation to cooperate with parents agreement.

[Alty]

Termination of rights is not done just because one or both of the biological parents wants it. It has nothing to do with child support.

Terminating parental rights is only done if the child is being adopted by someone else, the parent is extremely abusive and best to be out of the child's life, or the parent is in prison for life.

You can't just decide to terminate your rights to a child you helped create. Yes, terminating your rights would abolish child support payments, because the child would no longer legally be yours. But terminating your rights is not an option unless it's one of the things I mentioned above. In other words, your boyfriend can't get out of paying child support unless someone else adopts the child. I'm assuming that he's not abusive or in prison for life, so that would be his only option to terminate his parental rights and be allowed to stop paying support.

The biological mother cannot just request that his rights be terminated, even if he agrees, not unless there are circumstances that would warrant termination.

[Fr_Chuck]

The only way, they can terminate rights is if she has remarried and the new husband wants to adopt.

The court will not allow termination of rights for no reason. The idea of termination of rights is a myth.

Next, sorry, child support is not the mothers to give up, child support is the rights of the child. The state has a duty to see the child rights are protected.

[ScottGem]

The first question your husband needs to ask her is whether she has talked to an attorney or judge to determine if this is a viable possibility.

Any question on law needs to include your general locale as laws vary by area. Since you did not include that info we can't be sure what the laws and mood of the courts are in your area. So, while I generally agree with the previous posters, it is possible that you live in an area that might permit this. If you are anywhere in the US, this is unlikely. In the US, parental rights and responsibilities are generally kept as separate issues. Also, in the US, courts are very loath to terminate parental rights. Now, if the ex is planning to remarry and wants her new husband to adopt the child, your husband can agree to this and his support obligation as well as his rights will be terminated.

But it is highly unlikely that any US court will allow him to get off the hook by agreeing to a TPR. If he wants to pursue this he should consult with a local attorney to check the viability of this plan.

Does your husband have a relationship with this child? If he does agree to a TPR and one is issued he will no longer have any right to see or contact the child.

[aspen73]

Child support, in Washington State anyways, is figured out using a worksheet that takes into account salary and other income. It then spits out an amount that each parent owes. Depending on which parent has custody, or if they share custody, and how much the difference in income is, one parent will owe the other. If the parent who will receive the child support does not want it, it does not relieve the owing parent from paying. It is court ordered. That said, the court is not going to monitor whether the parent owing is paying or not unless the parent receiving reports it. If I was the one owing, I would send the check to the other regardless if they want it or not. If they chose not to cash it, that is their choice, but at least they can't come back and sue me out of spite later forcing me to pay back child support. Or if they do not accept it, you could also send it to the court informing them that the other parent is not accepting it. Or put it in a bank account and give it to the child when they turn 18, for college or something. At least then if the court comes after you later, then you have it.