If he gives up his parental rights does he have to pay child support?

Question

My fiance got another woman pregnant and she is threatening to keep the child away from him not allow him to see them, now if he gave up his rights to the child would he have to pay the support and does the mother have to agree to him giving up on those rights...If hes not allowed to see the child whats the point? Please help!

Answer 1

first of all, child support and visitation are totally two different issues, and handle separately at court because they are.

secondly, what do you mean... whats the point? this is NOT a pet, its a CHILD your speaking of. whats-the-point... i cant beleive you said that.

lastly, when she has the baby, the court will order DNA testing (most states do today) or he could request it to prove he's the father. then the courts calculate incomes (both parents incomes are today) and an amount is set.

then visitation must be addressed. the mother can NOT keep a child from a father unless it is proven to the court that he's a danger of some sort to the child. if she does, he can file a motion to enforce his rights.

Also; todays courts do not allow someone to just 'sign away' their rights, unless there is someone willing to adopt the child(ren), such as a new spouse.

the state and federal government are tired of people not paying for their children and have passed strict laws for child support.


CHILD SUPPORT CALCULATORS
http://www.divorcelawinfo.com/calculators.htm
http://www.alllaw.com/calculators/childsupport/
http://www.helpyourselfdivorce.com/child-support-calculators.html

CHILD SUPPORT LAWS
http://www.lectlaw.com/files/fam11.htm

LAWS
http://www.divorcelawinfo.com/states.htm
http://www.divorcehq.com/spprtgroups.html
http://www.divorceinfo.com/statebystate.htm
http://www.divorcenet.com/states
http://www.divorcesource.com/
http://www.divorcesource.com/info/deadbeat/deadbeat.shtml
http://www.divorcecentral.com/
http://family.findlaw.com/
http://family.findlaw.com/child-support/unpaid-support/support-orders-enforcement.html
http://www.divorcehq.com/deadbeat.html
http://www.divorceinfo.com/
http://www.divorceinanutshell.com/
http://www.lawchek.com/Library1/_books/domestic/qanda/childsupp.htm
http://family.findlaw.com/child-support/support-laws/state-child-/
http://www.supportguidelines.com/resources.html
http://www.supportguidelines.com/links.html
http://www.supportguidelines.com/laypersons.html
http://www.supportguidelines.com/articles/news.html
http://family.findlaw.com/child-support/support-basics/
http://www.spiesonline.net/deadbeat.shtml
http://www.childsupport-aces.org/index2.html

STATS
http://www.childsupport-aces.org/acesstatistics.html

FINDING DEADBEATS
http://www.wantedposters.com/skiptrace.htm
http://find.intelius.com/search-name.php?ReportType=1&
http://www.discreetdata.com/index.html
http://www.identitycrawler.net/people_search.html
http://www.efindoutthetruth.com/
http://www.peoplefinders.com
http://zabasearch.com/

FED AGENCIES
http://www.ncsea.org/
http://www.nfja.org/index.shtml
http://www.naag.org/issues/issue-consumer.php

REGIONAL FEDERAL CHILD SUPPORT OFFICES
http://www.acf.hhs.gov/programs/oro/regions/acf_regions.html

FACTS AND REGIONAL FEDERAL CS OFFICE INFO
http://www.acf.hhs.gov/programs/cse/fct/fct4.htm
http://www.divorcesource.com/WI/ARTICLES/beaulier11.html
http://www.acf.dhhs.gov/opa/fact_sheets/cse_factsheet.html
http://www.acf.dhhs.gov/programs/cse/newhire/index.html
http://www.acf.dhhs.gov/programs/cse/faq.html
http://www.acf.hhs.gov/programs/cse/newhire/fop/passport.htm
http://www.acf.hhs.gov/programs/cse/newhire/fop/fop.htm
http://www.acf.hhs.gov/programs/cse/newhire/faq/faq.htm
http://www.acf.dhhs.gov/programs/cse/extinf.html
http://www.acf.dhhs.gov/programs/cse/
http://www.acf.dhhs.gov/grants/grants_cse.html
http://www.acf.dhhs.gov/index.html
http://www.acf.hhs.gov/programs/region2/index.html
http://www.fms.treas.gov/faq/offsets_childsupport.html
http://www.govbenefits.gov/govbenefits_en.portal
http://www.fedstats.gov/qf/
http://www.fedworld.gov/gov-links.html
http://fatherhood.hhs.gov/pfs92/ch3.htm

CHILD SUPPORT LIEN NETWORK
(some states work with them)
http://www.childsupportliens.com/

COLLECTORS
http://www.supportkids.com/
http://www.supportcollectors.com/faq.php
http://www.deadbeatdadfinders.com/
http://www.deadbeatdadfinders.com/links.html
http://www.childsupport-aces.org/index2.html
http://www.divorcesource.com/info/deadbeat/deadbeat.shtml

TAX INFO
http://www.taxsites.com/index.htm
http://www.divorceinfo.com/taxes.htm
http://www.irs.gov/taxtopics/tc354.html
http://www.irs.gov/taxtopics/tc422.html
http://www.irs.gov/faqs/faq4-5.html
http://www.irs.gov/localcontacts/index.html
http://www.irs.gov/advocate/index.html
http://www.irs.gov/publications/p525/index.html

http://www.fms.treas.gov/faq/offsets_childsupport.html
http://www.irs.gov/publications/p504/ar02.html#d0e563
http://money.cnn.com/2007/02/14/pf/taxes/do_not_miss_tax_breaks/index.htm?postversion=2007021411

REPORT DEADBEATS
WORKING UNDER THE TABLE
(in writing, to your local and federal IRS offices)
http://www.irs.gov/localcontacts/index.html
http://www.irs.gov/compliance/enforcement/article/0,,id=106778,00.html

SEX OFFENDERS
http://www.mapsexoffenders.com/
http://www.scanusa.com/
http://www.nsopr.gov/
http://www.familywatchdog.us/Default.asp

Answer 2

YES, he would still have to pay, don't listen to anyone who is telling you that he wouldn't!

The way that child support laws are written, child support is the right of the child, not the custodial parent. No one can sign away someone else's rights, therefore neither the mother or your fiancee can sign away that child's right to support payments. There is absolutely nothing that he can sign that will shield him from having to pay child support, nothing. He should get a lawyer immediately, and he should demand a DNA test immediately. If he isn't the father, he has a deadline, which is the child's 1st birthday in most states, to prove he isn't before he is deemed the father by law and forced to pay anyway. If he is the father, there's nothing he can do, he'll be paying for 18 years.

On top of that, if you marry this man, then the court (in many states) will factor in BOTH of your income to figure out how much he has to pay, and you both will be paying much more than if he were single.

Answer 3

There is a catch when it comes to the father giving up his parental rights, if he is giving them up so the child can be adopted it negates his child support responsibility. However if he is just signing them away, he may still end up having to pay childsupport. Depends on the state, but in OK the judge and mother have to agree that by him terminating his rights he doesn't have to pay child support.

I would check with an attorney for what the law says in your state.

Answer 4

Your fiance has the right to see the child by law. He can go to court and get visitation rights but he will also have to pay child support...which he should anyway. He should however request that the court demand a DNA test to make sure the child is indeed his.

Answer 5

It depends on your state's laws. I'm from Louisiana, worked in a law firm there for years, and also dealt with the situation first hand. In Louisiana, if a parent gives up his rights, he's not obligated to pay child support. However, if there was an existing order of support that he wasn't paying on prior to giving up his rights, the mother would have up to ten years to take him to court for back child support, regardless of whether or not he gave up his rights. Also, if I'm not mistaken, Louisiana law would still grant the child a portion of his inheritance left when he dies. As for whether or not the mother has to consent to the relinquishment of rights, I'm honestly not sure...I didn't have that problem because I was all for it. I could see the argument for both lines of thought.

The best thing you can do is look up your state's laws about it. Most states have their laws online in a searchable database. You can do an internet search for "your state" and "legislature" or "legislation". You may have to look for a while, but it'll be well worth it to see the answer in black and white.

You could also consider contacting a local attorney for a consultation. Many attorneys don't charge a fee for the initial consultation, and if you're having trouble finding one that won't charge, you could consider finding a pro bono attorney. Also, just because an attorney is willing to take your case on a pro bono basis, it doesn't mean they're not a good attorney...there are incentives for them to take a certain number of pro bono cases each year...why shouldn't yours be one of them? Anyway, to find an attorney that meets your needs, do an internet search for "your state" and "bar association" or "state bar".

On a side note, as for Louisiana, judges are very big on not equating payment of support with visitation rights. In other words, they're careful not to allow parents to withhold visitation for lack of payment, and vice versa.

Hope that helps:) Good luck!

Answer 6

It all depends on what the state laws are. In most cases if the father gives up all rights and it's legally binding then no he does not have to pay child support. Good luck.

Answer 7

If he gives up his rights, he will most likely not have to pay support.

If he is ordered to pay, he will most likely be given visitation rights also.

But it is important to understand that if his child's mother does not comply with visitation, he must still pay any ordered support. Likewise, if he does not pay support, the mother cannot use that as an excuse to deny visitation.

The support and visitation orders exist independent of each other.

Answer 8

I can tell you according to US law the answer is no. A friend of mine's husband was thrown in jail for molesting his kids and their law guardian wouldn't allow the mother to terminate his rights because it was in the best interest of the children to have him pay child support (which he wouldn't have to do if his rights were terminated)

Answer 9

No, he doesnt have to pay support once he gives up his parental rights. Although in some states like Ohio the woman has to be married for the baby's father to give up the child. I know this because my ex is thinking of giving up our son to my husband.

Answer 10

I would think he would not have to pay child support. I think it depends largely on the judge hearing the case. I think she has to agree to him giving up the rights. Especially if she was going to keep the child away from him to begin with.
YOUR FIANCE GOT ANOTHER WOMAN PREGNANT? I hope you're not still going to marry him.