In 2004,my son was taken from me and placed in a foster home.I've been paying child support since,and the mother has never payed a dime.In Nov. 2005,the mother was placed in a state hospital group home by a judge for her mental problems.In Feb. 2006,the court refused me custody,and terminated my parental rights.My son is developmentally delayed,doesn't speak,and has autism.Their decision to terminate my rights were based on the belief that I,being a single parent to him,would not be physically and emotionally capable of meeting his special needs...doctors visits, therapy/learning classes,etc. They felt that with my job and hours,that I would be too stressed out to be there for him.
So,if my parental rights were terminated in Feb. 2006,and have not been allowed to see him since because they also terminated the right to have visits,why am I still obligated to pay support?Isn't it the courts problem to pay the foster parents now and am I entitled to receive monies paid since Feb. 2006?
2007-01-12 03:27:22 · 13 answers · asked by lightningxpress 1 in Politics & Government ➔ Law & Ethics
Get an attorney. Some states terminate your rights, but not your responsibilities (automatically). But, your child support obligation should end when your rights were terminated.
2007-01-12 03:31:00 · answer #1 · answered by working mom of 3 4 · 21⤊ 1⤋
you have to pay child support, because todays laws say you do. the state is paying for your child (as well as taxpayers).
the state and federal government is tired of people not paying for their kids. if in foster care, the state is paying. for years they did pay for it, but todays laws are to help stop the drain on the states and federal government of some of these parents out here whom dont pay squat.
so your child support is paying back the state.
nope, you cant get any of it paid back to you. it costs far more then what you are sending to raise the child. Autism is a very expensive and time consuming medical issue.
visitation is a separate issue then child support (thus handled in a different court). why would they terminate a parents visitation... there is more to this story i suspect.
.
2007-01-16 01:44:37 · answer #2 · answered by Yvette B yvetteb 6 · 2⤊ 0⤋
The specifics of your situation could encompass more than that but I am sure that if your parental rights were actually terminated- you would not be liable for further payment. My suggestion, if you can't afford an attorney, would be to stop paying (this is only if your rights as a parent have been completely terminated). The state would have to bring action against you for non-payment and they aren't going to do this if you have not rights. I would either demand parental rights or refuse to pay the support.
2007-01-12 11:36:48 · answer #3 · answered by katiekat 3 · 1⤊ 2⤋
it sounds messed up. yours is a case that helps show the need for reforms. research the laws in your state. you may be able to do it yourself without a lawyer(must be a bunch of lawyers here).
good luck.
edit. you can't get a lawyer appointed in a non criminal case. the parent collecting support gets free help from the prosecutor,the reason the county makes money off child support, they make no money off visitation. another reason for reforms. you may find a lawyer in a fathers rights group to help you. research those groups.
2007-01-12 11:43:20 · answer #4 · answered by J Q Public 6 · 3⤊ 1⤋
This is the kind of law that would vary from state to state. Without saying what state you live in, there's no way to guess how (or which) current laws would apply to you.
You should consult a local attorney. Good luck to you.
2007-01-12 11:36:01 · answer #5 · answered by kcbranaghsgirl 6 · 3⤊ 1⤋
This is going to sound so unfair But the law says that he is your child so you have to pay,You need to get a lawyer as it is so unfair that you have not got any visitation right this is a problem that a lawyer may be able to sort out for you???
2007-01-12 11:34:11 · answer #6 · answered by Bella 7 · 3⤊ 2⤋
I believe you would have to petition the court to have your payments stopped or reduced. As to getting a refund/money back; no I don't think so. My ex took me to the cleaners by not telling the court(North Carolina) when my boys turned eighteen---paid and paid for years after word.
2007-01-12 11:33:10 · answer #7 · answered by Jim 2 · 7⤊ 1⤋
Usually when rights are terminated, so are obligations. I would be fighting to get your rights reinstated or your money back.
2007-01-13 09:08:43 · answer #8 · answered by wisegirl1204 3 · 1⤊ 2⤋
You are responsible for bringing this child into this world you should be financially responsible also. Why should the taxpayers be stuck with the bill ?
2007-01-12 11:34:55 · answer #9 · answered by Mike 4 · 5⤊ 1⤋
I believe that if your child officials becomes a "ward of the state", and it sounds yours has, you should be able to get that back and pay no more.
2007-01-12 11:31:13 · answer #10 · answered by Anonymous · 7⤊ 3⤋