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

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

Posted

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.

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Posted

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 is it intended as legal advice. I have not reviewed your case nor have I met with you and the answer to this question does not in any manner whatsoever establish an attorney/client relationship.

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3 comments

Asker

Posted

Thank you. That's exactly what I will do.. Also, I will post this question separately in case you don't see the comment, but for the two children who's fathers will not possibly agree to terminate my rights, do you have some suggestions for me as the non custodial parent to ask for the terminations?

Tami Lane Augen

Tami Lane Augen

Posted

If the father's are not wanting to terminate, then you may have an uphill battle. Are they placed with the father's per DCF? You should have someone follow up on that case to see if DCF will terminate your rights rather than leave the case in limbo. Other than that, you can file the petition to terminate yourself.

Asker

Posted

DCF is not involved in any of the cases. They could afford attorney's. I couldn't. So the judge really didn't want to hear anything I had to say. 2 of the fathers want to terminate my rights and the other two, I'm not sure. The first two are filing the papers themselves so I think once those are granted, I will have a better chance of writing my own petitions for the other two and having those granted.

Posted

Normally yes.

Sincerely,

Erick Platten

Platten Law Office

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