Can a man that is already on child support sign away his parental rights & be done with paying child support?
My fiance' has two outside children and is on child support. He is behind like $10,000. But due to this he has been arrested and his license has been revoked. Well he's been looking for a job but can not get one due to his situation and the debt keeps growing. The mother of the children won't allow him to see the children and she asks for stuff and he gives it to her if he has it. When we presented this to the courts they said its all gifts and can't be used towards his payments. Of course the stuff he gives them comes from me because he doesn't have a job. I have stopped giving them stuff now because it makes no sense if she has him on child support and still wants other things. I am post-poning the wedding because as I understand it, if he falls even more behind and we are married then they can start garnishing my checks as well. This is so not fair. He's a great guy with a bad situation. He hasn't seen the children in years and have no bond with them because of her. We have made attempts to get the kids for weekends but she refuses. Honestly he wants to just do away with the whole situation. I know it sounds bad. But legally can he give up his rights and just pay the back child support and stop further child support from accruing?
- Anonymous1 decade agoFavorite Answer
First of all he made them he needs to take care fo them. If he's behind in his child support that's his fault because all this stuff is happening now because of him being behind. His fault for getting behind in the first place. He should not have to stop paying. If he wants to see the kids that bad then he can take her to court for visitation and if your so worried about them having stuff he not court ordered to give them gifts just to pay his child support so you should have put the money towards his debt instead. His situation is his fault so don't try to make excuses for him or to get him out of it because that would be wrong when it was his fault not to pay and get behind in hid child support!
- JenniferLv 44 years ago
Depends on what exactly he signed away. There is a way to terminate "rights" as far as visitation, but that doesn't always include child support. The termination agreement has to specifically say it teminates the child support obligation as well, otherwise all he terminated is his right to see and have a relationship with the child. If the termination agreement specifically says child support as well then no they cannot do this to him, and it is just a matter of showing the other county the court docs. If someone "adopted" the child and that was why the rights were terminated, that automatically includes future support as well. If there was no adoption, and the termination paperwork does not specifically mention child support payments, then he can and will have to pay support even though he can't see the child.
- 1 decade ago
He can sign the declaration of independence and still have to pay child support. There's no way out of it for him. As far as the gifts, keep receipts for all things given to the children as that does count toward payments. If you don't keep the receipts it's considered a gift.
He might be a great guy but if you marry him, you're not only inheriting his debt to these children but you're also inheriting the drama of the situation. Do you really want that?
You should suggest to him going to court for visitation rights. Legally, she can't keep him from seeing his children unless he's been charged as a pedophile or molester of some kind.
For real, being a single parent for almost 14 years, it's more a headache than it's worth to chase him so I let the court bring him in. You can't squeeze blood from a turnip so why try? He doesn't see my daughter by choice and I'm not going to continue to kill myself to make it happen.
I'm sorry that you're dealing with this but for real, I would sever ties with this guy. It's going to get worse and your relationship is going to suffer and end because of it. Sorry, but that's the real of it all.Source(s): Been there, done that.
- 1 decade ago
My boyfriend almost has a similar situation. At the moment he is pursuing his rights to visitation, which your fiance has the right to do since I'm guessing he is on the birth certificate. He needs to go to the local courthouse and find out what he has to do to get a court date and discuss seeing them (go online and look up fathers rights in your state). Also he may be able to get child support modification. If he is unemployed and there is already a set amount that he pays they can modify it to the most reasonable amount. If he does make any offer of help to her it should be in the form of money order or check, something that will leave a paper trail. No he cannot be relieved of child support after signing away his rights. Think of how many deadbeat men would go around laying seeds and disappearing. The law is in protection of children. Hope that helps.
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- 1 decade ago
yes he can sign a legal document that surrenders his parental rights.
This means however that he " quit ".
He wont be able to see them at all unless the mother allows.
In their divorce document, there should have been some visitation allowances.
What are they?
What were the stipulations , if any? Meaning what does he have to do by law to have visitation?
If the divorce settlement names certain days, holidays , etc , which they commonly do, and the mother is not aligning up with them, then she is outside of the law and you can call the sheriff and be prepared to show then the divorce/ custody papers. it wont cost you anything.
Some parents do this signing off of parental rights, and then the children have the option of visiting any time they want when they come of age.
If the father is not paying for part of the clothing, etc, then i guess the mother asks for things, to help ???
I dont know what she is asking for , however.
I guess if you enter into marriage with this man, you will be paying for yourself
and his children
and your love may be big enough to shoulder all this
but is your pocketbook ?
Big enchilada here.
Give and take
and there will be harmony
and peace in your life
best wishes to you
I can tell you have a big open heart
- LaredoLv 71 decade ago
The law on child support varies from state to state. I'm not sure that your boyfriend wouldn't still be obligated to pay back child support but if he granted exclusive care, custody, control, and all rights to the children's mother; he would not be obligated to pay additional child support.
You would be wise to postpone marriage until everything is settled because your boyfriend's debts become your debts when you marry him. Yes, they can garnish your paycheck and take your income tax refund if you marry him now.
You are not obligated to give money or other items to the mother of the children and, if it was me, I would not hand over anything to that freeloader. Unemployment for any reason does not absolve a man from his obligations that were court ordered.
- Anonymous1 decade ago
I'm not sure. I'm 21 and my biological father is still paying me child support because he didn't pay for about 10 years and accumulated about 26k worth of backpayment. I don't really think it works that way because child support is meant to take care of the children.
I don't think most judges would be very happy at the idea of a parent signing away his rights and leaving the children without a parent. And if he does do this I hope he doesn't plan on ever having a relationship with them because they'll hate him for it.Source(s): http://www.ehow.com/how_2066486_terminate-paternal... (how to terminate parental rights) http://family.findlaw.com/child-custody/custody-mo... (basic info on terminating parental rights) You'll need to look up the laws based on your state, of course.
- Anonymous1 decade ago
First I know from personal experience, in Florida, the wife, much less a girl friend, of a man who owes child support can not be held legally responsible in any way for her bf's over due child support. They cannot garnish her wages. The tax returns if you are not married is a moot point since you cannot file jointly . If you do marry and you file a joint return you can claim what is called "injured spouse" which protects any of your income being withheld for your husband's past due chile support. My daughter, married to a man behind on child support, was not responsible for it and filed an injured spouse clause on their joint returns. As for him relinquishing his parental rights you need to check with a lawyer. I think it only exempts him for child support if another man adopts the children.
- Anonymous1 decade ago
welcome to the terrible world of custody battles.
You can't quote me on this but I have been through my share of child support arguements and custody hearings. I believe that he can sign away his parental rights but the only way for him to not pay child support is for the child to be legally adopted by another father.
I don't know a way around the child support, except if he dicided he wanted full custody and then she would have to pay the support..... but he really should petition for at least partial custody rights of his child if he has to pay the child support so that he can have visitation rights and see what his support is going towards (is his child healthy, looks well fed, has adaquit clothing....because she could technically be spending this money on anything)
- InvisigothLv 71 decade ago
if he doesn't make the child support and back child support part of the deal when he surrenders his rights then he will still be responsible for both.
he will need a lawyer to advise him before he tries to do this or signs any paperwork.