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Do you still have to pay past due child support after signing parental rights over and the children have been adopted?

Washington, IL |

I signed over my parental rights and at the time I was paying my court ordered child support the best I could. the weekly amount was way more than I could handle so I paid what I could. but it put me in arrears. I signed over my rights and my boys were adopted. they are still garnishing my wages and keeping my tax returns for the past due support. But at the time the child support was ordered to my ex wife but she signed her rights over also.

Attorney Answers 5

  1. Child support arrearages continue beyond adoption and are the right of the children.

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  2. Yes you still have to pay, surrendering your parental rights does not extinguish back due child support.

  3. Yes. You are paying for the child support BEFORE you signed over your parental rights. Pay them as soon as you can and it will give you financial freedom. Good luck!

    This response does not establish an Attorney-Client relationship. It is highly advised that if you wish to discuss this further that you inquire into hiring local counsel.

  4. Unless here is an order finding that your child support was current, you are still obligated to pay the arrearages and current support up until the date of termination or your rights,

  5. You PAST child support is still due. Child support is considered a judgment against you in the amount of the support every month after it is due. Thus, all past child support arrearages will still remain until the date you relinquish your parental rights. As another attorney has noted, you should try to pay any arrearages as soon as possible. Child support arrearages accrue 9% interest, which can add very quickly into substantial sums.

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