Saturday, August 21, 2010

I have a question about a biological parent signing over his rights to his children?

My ex husband is currently $13,000.00 behind on child support and is facing a atleast a year in jail. Apparently he doesn't want to go bc he just called and asked me if he could just sign over his rights and be done with everything.


So I guess my question is: Once he signs his rights over, Will all back child support be dropped? And will he have to pay the fee to sign them over?


My husband wants to adopt them.I have a question about a biological parent signing over his rights to his children?
My twins father signed over his rights to my twins when they were 7 years old. he DID have to pay the back child support and no he did not pay the fee for the paper work, I had to pay that but it was only $100.00 per child to file the paper work. I claimed abandonment and he signed. My husband adopted them which was another fee for the adoption filing. The twins are 14 now and all is great.





We live in Connecticut but I can't imagine it's much different in any other state. You don't need a lawyer either, you just go through probate court at your local town hall.





EDIT: once he signs over his rights though, he will not be obligated to pay any further child support and will also have no rights to the child what so ever.I have a question about a biological parent signing over his rights to his children?
Actually, he will be obliged to pay back child support plus interest up to the day the children are adopted by your husband. Renouncing your parental rights will not relinquish the legal duty to pay child support, nor will it erase any child support owed either.

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';Parental rights'; and ';parental obligations'; are two different things; he can sings over his rights in terms of visitation and custody but still he is required to pay child support UNTIL the child get adopted by someone else.





As for the back child support; NO he can't scape that debt unless you agree to drop the child support case; that's money he owe so he can't retroactively get rid of that. In simple words: he can get rid of ';future'; child support, but not from what he already owes.





Now, if you think that you'll be happier having him out of your life ';FOREVER'; then it might worth the price of not pursuing the back child support.





As for legal fees: yes there are some legal fees to pay but it's up to both of you to decide how to split the bill.
Everything that he owes up until the papers are signed and filed, he will still have to pay. Nothing more will be added to that figure once his rights are signed over. That's awesome your husband wants to legally adopt them. Good for him! (And a big BOO to your ex!)





My husband's step-brother signed over his rights to his daughter when she was three. For the same reason, he didn't want to pay child support, but yet he didn't want to go to jail for it either. LOSER!!
Consult your attorney. Generally, the child support debt is due until paid. You may reduce the debt to a judgment, so that, even after he relinquishes his parental rights, the debt may be collectable.





Consult your attorney. You will not have a good answer to your question until your attorney answers it.
I don't know where you live but in Florida, he would still owe the back child support. He would not have to pay anymore once the order is signed, but he will owe all moneys due up until that point.
The back child support will not go away. If you'd like to you can sign an agreement with your ex forgiving the debt and file it with the family courts there.
It really depends on OK State laws. Here in VA, he would be responsible for the back support, but nothing further. I'm not sure if there are fees associated with it or not.
No, termination of parental rights does not absolve him of financial responsibility past or present.

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