support and giving up rights

[twoboysdad]

What is the name of your state? md
The mother of my children has told me she is going to give up all rights to the children so she will not have to pay support . Can this happen ?

 

[krispenstpeter]

I a Pig's eye.

Tell her to go for it. She'll get a rude awakening.

 

[stealth2]

phhhht. Tell her to go suck eggs.

 

[VeronicaGia]

She is doing what many people do, which is confuse her parental rights with her parental obligations. If a judge allowed her to give up her parental rights, she would no longer have the right to visit the children, have access to medical, school and dental records. However, her parental obligation to support the children would not terminate unless you have a wife who is willing to adopt the children.

Tell her to pound sand.

 

[coolmomof4]

Actually, it depends on the state. In NC, terminating rights also mean terminating responsibility. That is why in NC judges rarely grant a termination especially to single parents because the child would no longer get the support, or in my case, the "potential" for support.

When I wanted to terminate my ex's rights, my attorney said to wait until I was remarried and the judge would be more willing to grant it in conjunction with a step parent adoption.

When I filed for the termination and adoption, the ex willingly signed his rights over. But he did not read the text that said he had a right to a waiver he could sign which would release him of any BACK child support. So he really still owes me $15,000 whenever he gets a job, I can file to have it garnished. But I wouldn't bother at this point.

 

[Grace_Adler]

You had a judge hear your case? Just curious because over here it goes through the clerk of court. I know they may have different ways of doing things in different parts of the state so I was just curious to see how it is handled. You'd think being in the same state everyone would be on the same page but then I stop and think who I'm talking about. LOL

Also here, it is not too difficult to get the termination if both parents are in agreement if there is no adoption. Just depends on who is granting it.

So there is a waiver on there? What happens if he had read and signed the waiver for the back child support? Couldn't you have fought him on that and been awarded the back child support anyway? Just curious, I like to learn how these things work.

 

[coolmomof4]

No, it ended up where it never had to go in front of a judge. My attorney told me I *may* get the termination, but chances were slim because even though I was working at the time, I was also on Gov't assistance (because my ex refused to ever pay me a penny). She said even if a NCP doesn't pay support, there is always the "possibility" he may in the future and by terminating his rights, that "possibility" would no longer exist.

On the Temination Agreement he signed there was a box he could check if he wanted the waiver. He didn't check it. If he had requested it and signed it, he would not have been obligated to pay the arrears.

 

[Grace_Adler]

Yeah, I was told is all about the money too and them being scared that there won't be another way to collect support or fear of the parent ending up on assistance. They always have an out or hopes of collecting from the other person, like you said.

Thanks for sharing that. And I had no idea about that waiver. LOL

 

[coolmomof4]

Grace-

After some digging, I found the paper I was referring to. It is the Consent to Adoption/TPO "By parent that is not the Stepparent's Spouse". (meaning the bio-father giving up rights)

The exact wording of #7 is as follows:

That I understand that when the adoption is final, the legal relation of parent and child between adoptee and me will be terminated, including all rights of the adoptee to inherit as a child from and through me, and that the adoption will extinguish any court order of custody, visitation or communication with the adoptee, except that I will remain liable for past due child support payments, unless legally released from this obligation.

My attorney wrote up the waiver releasing him of the support, but he never signed it. I realize this was not a basic TPO, the adoption was attached to it, so maybe it made the difference. But I recall before I even met my now-husband that my attorney told me the TPO would terminate support obligation, and I would have a hard time getting a judge to agree to it.

Hope this helps.

 

[Grace_Adler]

Thanks a bunch.

Yeah, from what I was told too and according to the statutes, present support does end as soon as the adoption is final. And that a person can be released from arrears as long as it's not owed to the state and the person it's owed to agrees.

That's the part that confuses me. I have seen the same wording on some of the paperwork for TPRs and adoptions, about still oweing past support unless they are legally released from it, but I thought if it was owed to the CP that they had to agree to forgive it or they still owed it. Uh, I am a little confused about that. LOL I didni't know they could ask the court to be released from it without the CP consenting - or am I misunderstanding? (Probably. LOL)

 

[Lil Miss Smarty Panties]

I a Pig's eye

and a horses rear.

*insert rolling on the floor laughing smiley here followed by a raspberry smiley*

If the vBcode worked I could insert them myself for the desired effect.

 

[coolmomof4]

I'm not sure, but I believe you're right. It says "unless legally released" That may include agreement between the parties. I know on the waiver, I would have had to sign it also. I still have it here.