If My Ex Terminates His Parental Rights Will He Stop Paying Child Support

Updated on March 25, 2019
E.A. asks from Dayton, OH
18 answers

My ex doesnt want to have parental rights anymore. I'm fine with that but I want him to continue paying child support. I'm not remarried I'm raising my child by myself and unemployed at the moment. Can I ask the court for him to continue paying child support

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M.G.

answers from Portland on

My husband's relative did this, and does not pay anything. He does not have contact with the children. He has no involvement in any decisions regarding them - period. The mom has no contact with him whatsoever. She pays for them entirely.

2 moms found this helpful

L.U.

answers from Seattle on

My understanding is that if he terminates his parental rights that means he no longer has an obligation to pay child support.
(said as a mom who's first son's bio terminated his rights and pays nothing in child support)
If I were you I would not allow him to do that!

1 mom found this helpful

More Answers

T.F.

answers from Dallas on

Well you can’t have it both ways!!!

If he terminates then your support is terminated. Why would a judge make him pay if he terminated his parental rights? That’s the whole point of termination.

You need to get a job and support yourself and your children. What is your training in? If you can’t find a job in your field right away, take any job you can to get your foot in a door and start becoming self sufficient.

Show your children what work ethic and working hard is all about so they get some guidance in what they need to do in the future. You don’t just sit back and do nothing waiting on something. Get up and go after your future.

8 moms found this helpful

D.D.

answers from Boston on

Nope if he terminates his parental rights everything stops. He has no legal or financial obligation to his child. I'm going to guess that his main reason is that he doesn't want to pay child support. The thing is that if he was court ordered to pay and didn't he still owes the money that he was obligated to pay before the rights were terminated. That part doesn't go away.

7 moms found this helpful

S.T.

answers from Washington DC on

this is too important to trust to strangers on the internet. you need to pay for a consultation with a lawyer in your state and get complete and accurate information.

i'm guessing that terminated rights mean terminated- ie no child support. but i'm not a lawyer. and i'm betting it varies from state to state.

khairete
S.

5 moms found this helpful
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A.L.

answers from Atlanta on

My understanding is that parental rights are tied to child support. You probably need to talk to a family lawyer to get clear on the laws in your state, however it wouldn't make logical sense for someone to pay child support for a kid with whom they have no parental rights. Given that he seems to be enough of a turd that he wants no rights (and therefore a relationship) with your child, it probably will be good riddance in the long run. It will be a challenge in the short run, however.

4 moms found this helpful
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S.G.

answers from Los Angeles on

If you are currently unemployed, you need to find a job that can support you and your child without the help of your ex-husband.

When one terminates their parental rights, they are no longer responsible for the child. EVER. They don't want to be involved, financially or otherwise.

If you can't find a job, go to your unemployment office and find out about grants for education and get an education, training or certification in an open field that will allow you to support yourself and your child.

4 moms found this helpful

W.W.

answers from Washington DC on

ETA: sorry - didn't complete my thought process here. You need to find a job or career that will be support you and your family. You can go to the state and ask for financial assistance for grants for education. Don't give up.

It may be a great thing that he is giving up parental rights - sounds like he really doesn't want to be a parent.
____________________

Typically if one terminates their parental rights, they cease being responsible for the child that includes decisions and financial support

https://www.verywellfamily.com/overview-of-signing-over-p...#

talk with a lawyer.

4 moms found this helpful

D.B.

answers from Boston on

If he's not the father (by terminating rights), he doesn't pay. That's probably why he wants to.

You may want to get full legal and physical custody, and not have any sort of regular visitation, which will give you virtually 100% control over decisions, but he's still the father and still pays.

You must get legal advice though, or you will deprive your daughter of financial support.

3 moms found this helpful
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J.C.

answers from Anchorage on

It depends on the state, but even if mandated that doesn't mean he will pay. You need to get back on your feet and get to a point you can take care of you and your child because it is clear he wants out and can not be relied on.

3 moms found this helpful
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J.K.

answers from Wausau on

Despite internet lore, it is not that easy to voluntarily terminate one's parental rights. Even if one does, child support is still a factor, particularly when the other parent is not wealthy. The state expects parents to support their kids to the extent that they can.

If your ex thinks he can give up rights to avoid child support, I suspect he will be very disappointed. I doubt the court will entertain his petition. Please consult with a lawyer who can advice you on your state's laws.

3 moms found this helpful
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J.B.

answers from Boston on

Consult with an attorney but generally, no. Once his rights are terminated, he will no longer have any rights or responsibilities towards your child, including the responsibility to provide financial support. While visitation and support are two separate issues, termination of rights and support are very much connected. You need to legally be a parent in order to be ordered to pay support. Termination of rights cuts that legal tie.

Also you may not be able to do this if you rely on state support of any kind. If you receive any benefits that help you care for your child, the state has the expectation that the other parent will be identified and will be ordered to pay support, which helps offset the cost of any benefits that you receive. If losing support would hurt you financially to a degree that you would need financial help (or already receive help), his rights can't be terminated.

2 moms found this helpful
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M.C.

answers from Chicago on

Generally if he terminates rights, he also no longer has to pay support. I say generally because it is not always easy to do. In my state, if you take any sort of benefits whatsoever, they will make you name the other parent and they will seek relief from them. The state does not want to support a child in lieu of a father. Also, if there is no stepfather waiting in the wings to adopt the child, the courts may deny the termination. IF you are in a situation where termination might be granted, then there will be absolutely no way you will be given child support and you will not be able to reverse the decision.

2 moms found this helpful
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E.M.

answers from Louisville on

Normally courts will not let parent terminate unless there is someone there to adopt and take over support. If her terminates his rights it means just that he doesn't have to do anything for that child any more. I hope you have a lawyer to help you with this

2 moms found this helpful

V.S.

answers from Reading on

If I had to guess, that's why he wants to terminate rights.

2 moms found this helpful
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D.S.

answers from Jonesboro on

If he terminates his rights your child is no longer his child so therefore no support.

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N.C.

answers from San Diego on

Don’t worry about what your ex does or does not want to do. Go down to the court and file a motion to modify your childsupport based on your unemployment situation.

C.T.

answers from Santa Fe on

Definitely meet with a divorce attorney. Good luck.

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