if a person signs awy his rights to a child do u still go to jail at the time?

Question

child support

Answer 1

a person sighing away their rights to a child, does not legally terminate that person legal duty to child support, the state if it pays out monies for the children will come back and collect from the person even if they signed away their rights

Answer 2

o.k. now let's try some legal acuracy.

First, as you were told, in MOST instances, a pending adoption is required before a termination of parental rights can be heard. If there is no such adoption pending, then the only way the rights of a parent can be terminated is for the court through its own motion or on motion of child protective services to terminate the rights.

Secondly, Once the parent's rights are terminated, so too are all legal and personal relationships. That means that support, visitation and custody are no longer issues.

The ONLY issue would be if there were existing arrears owed by the terminated parent and those will not go away after a termination of parental rights.

One further note. A parent whose rights have been terminated also subjects all lineal decendents to the same termination of the parent child relationship. That means the grandparents, brothers, sisters, aunts and uncles no longer have a legal relationship to the child.

Answer 3

goz is mainly correct.

Many parents, especially fathers who have no long term relationship, and some that had a relationship, want to get out of their obligation to pay child support. The easiest for many is to relinquish their parental rights!

In terms of arrearage, some is settled, especially if a child protection agency is involved.

Many times women do not push the issue because they can put their child's, and their life at risk! Other times they don't push because they don't want the father to have anything to do with the child or them.

In cases like you are talking about, many try it, and most fail.

Usually it is the state going after arrearage (most people aren't aware that child support is counted dollar for dollar off an assistance grant( and not tothe mother). The state wants to collect the money! The spouse has little to say about it and a relinquishment counts only from the moment you relinquish. It does not wipe away your debt or arrearage!!

Many states used to go after arrearage as the way the law was written at the time, and for a long time, if a person collected 10 dollars in assistance in her whole life, the state would take every penny of arrearage and put it in their pockets, often fairly large amounts! Most people don't realize that when they talk about people on assistance. States often collected thousands more than they gave out in assistance to a person. Now they can only collect to pay back ALL the assistance, but can't keep everything!

The states were actually screwing women out of all their arrearage because they accepted a short term payment assistance from the state!

Anyway, the short answer is the debt doesn't go away unless some arrangement has been made with the state or the person seeking the money! Relinquishing in most cases will not effect an arrearage, or jail for failing to pay, or being in contempt of court!!

Answer 4

This actually happened to me. First, you can't sign over your rights unless someone is willing to adopt the child. As far as the child support goes, I don't think they are responsible anymore. I could be wrong tho. But, I know in 1992 they weren't. My dad owed $17,000 in child support and was sitting in jail....the only option was to pay (wich..how could he do if he couldn't go to work sitting in jail) or give away his paternal rights. He opted for the latter. He wound up not having to pay the $17 grand.

I am editing my answer in response to what was said below me. YES...legal relationships ARE terminated...however...if you are doing this based upon the FATHER's relationship, please don't keep your child from any other family member (as long as they are suitable to be around). When I was adopted, my relationships were not severed, and I am happy about this. I actually have a GREAT relationship with my dad in leu of the situation. Also, keep in mind...your child will have no say in what happens to the "father" if something were to happen. In my case...god forbid my father were to have something happen and there needed to be decisions made. I would have no say and no right to do anything. I also ask of you to make sure the man who plans to adopt your child (if there is one) is suitable. We thought my step dad was...until 10 years later when he tried to kill my mother with a baseball bat!

Answer 5

If child support was court ordered and then "rights" was stricken by the court then a new court order for stop of child support is also required. Should have been done in the second court order but not always done correctly.