Does agreeing to terminate parental rights eliminate child support including arrears?

Asked 9 months ago - Orlando, FL

Father was given custody of the child based on allegations without evidence. Mother couldn't afford an attorney, is unable to work and cannot afford to pay child support (mother also owes child support in 3 other separate cases) child support was ordered anyway and mother has gotten so far behind she has agreed to terminate her rights so the father can move without the court's permission. Father encourages an ongoing (mostly over the phone relationship) between mother and child but since gaining custody has never let the child spend time alone with the mother. Anyway, if the mother goes ahead and signs the termination papers will child support be eliminated and can it include zeroing out the arrears?

Attorney answers (3)

  1. Brian Matthew Moskowitz

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    Answered . Terminating parental rights will also terminate prospective child support payments but will not affect arrears. The father, however, can agree to waive the past due child support arrears.

  2. Tami Lane Augen

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    Answered . I think I just answered this question as asked a different way assuming that the payor was the father. In any case, you can provide that as a condition of your voluntary signing the termination papers, that the other side must agree to waive the arrears.

    This answer is for general informational purposes only and should not be relied upon for your particular case nor... more
  3. Erick Masten Platten

    Pro

    Contributor Level 18

    Answered . Normally yes.

    Sincerely,

    Erick Platten

    Platten Law Office

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