I'm searching for answers to help a friend who lives in Illinois. She has been separated from husband for 5 mo as he is abusive.She has tried to get support for kids from him but he gets paid cash so that he can't be found. She was getting help from legal aide and was about to file for divorce herself when she received papers stating her husband was filing for divorce and wants to give up all parental rights. It turns out this hearing will take place tomorrow morning (Friday 1/5/07). In the paperwork it stated that she did not need to be at court for this hearing. Please, does anyone know if this makes him no longer responsible for child support? Where does this leave this mom of 3 children who are 4, 3, and 1? Can he just give up rights and not be financially responsible, and shouldn't she go to court even though the papers state she didn't need to? If no support from husband, can the state help her financially until she gets on her feet?She is already looking for work but takes time.
2007-01-04 10:22:30 · 8 answers · asked by son-shine 4 in Politics & Government ➔ Law & Ethics
I am always a bit nervous when I recieve hearing notices and they say I don't have to be there. The ones they say you don't have to be there usually turn out to be the ones you should have shown up to the most.
Yes the Father is still liable for financial support of the child he took part in bringing into the world. His job does not end at birth. It lasts 18 years. If he is unable to pay for his child. He will not get a drivers license and he will suffer other consequences.
2007-01-04 10:35:32 · answer #1 · answered by Ya H 1 · 1⤊ 0⤋
Hi. I don't know about the state of Illinois, but in NC where I live a father can give up parental rights, but... the mother can still go and file for child support. The father is still responsible for supporting the child/children. Basically in NC - when they give up rights, all they are doing is setting themselves up to not see there children. They still have to pay. If she goes through DSS or some form of Social Service - they will help get it set up. She should receive payments from the state, then it is up to the state to get the money from the father. Trust me, the state will find him and he will pay the money back. My friends brother sat in jail for over a year until they came up with the money to get all the back child support paid. The state had paid it to the mother, so he sat in jail until his family got the state paid back. Definetely have her show up in court though. She needs to contest it, even if they terminate his rights - she fought it and that will be back up when she files for support. Hope this helps and good luck!!!
2007-01-04 10:36:22 · answer #2 · answered by monkmonk 2 · 1⤊ 0⤋
She can go or not go tomorrow, but she will need to go eventually. If she chooses not to go tomorrow, the judge should go ahead and set child support anyway. He can not just give up his parental rights unless someone else is there willing to accept responsibility. (like if the kids were up for adoption or if the wife re-married and her new husband wanted to adopt the kids.) People can't just decide they don't want to support their children anymore. So she doesn't need to worry about that. If she can go tomorrow, she can simply tell the judge if/where she works, how much she pays for day care, etc and the judge will set, at least, temporary child support and possibly maintenance. And she needs to go to the child support office in the county where she lives and ask them to help her obtain a support order or enforce the one she hopefully gets tomorrow. She can also go to the department of health and human services (welfare office) and ask them for help. They will help her. Tell her good luck and to be strong! She can do it.
2007-01-04 10:39:36 · answer #3 · answered by Tina 3 · 1⤊ 0⤋
If he gives up parental rights he is not responsible for child support in my state, but your state could be different. Under no circumstances should she skip Court. If she objects to him giving up parental rights, the Court will see it for what it is--a chance to get out of child support. And remember, just because he pays child support does not mean he gets visitation if he's abusive, alcholic, a druggie or a bunch of other reasons.
2007-01-04 10:33:49 · answer #4 · answered by David M 7 · 1⤊ 0⤋
As soon as he gives up his parental rights, he is no longer responsible for support of these childern. I don't know if the government will help, she should check into that. I would go to the court, and say what gives him that right, to no longer support his childern. That to me isn't right. End the marriage, but don't end that relationship with the childern and leave them stranded while the mother is getting on her feet. That boy needs a kick in the butt. Hope everything turns out ok for your friend
2007-01-04 10:31:20 · answer #5 · answered by tray 2 · 1⤊ 0⤋
I doubt the court will allow a father to give up his parental rights just to avoid financial liability. Too many people would take the easy road out if that were possible. She should definitely appear at all proceedings.
2007-01-04 10:33:34 · answer #6 · answered by fdm215 7 · 1⤊ 0⤋
She needs to show up and contest it. The government will allot money that he needs to pay in support, regardless if he gets paid in cash or not. By him surrendering his parental rights, he could be hosing her in child support.
If he fails to pay child support, she can receive help from the government that HE will eventually have to pay back...and believe me, the government always gets their money back.
If he wants to surrender custody and visitation...cool. But she should still get support. Have her fight this!!!!
2007-01-04 10:28:06 · answer #7 · answered by Anonymous · 1⤊ 0⤋
Nope, he wil l still be liable for child support.
2007-01-04 10:30:17 · answer #8 · answered by zebj25 6 · 1⤊ 0⤋