If a parent gives up their parental rights, do they still have to pay child support? - Child Custody Law Questions and Answers- LawQA.com

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If a parent gives up their parental rights, do they still have to pay child support?

Answer By Sally Hamblin

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Only if the judge orders child support to be terminated.

Answer Applies to: Michigan
Replied: 3/1/2013

Peters Law, PLLC
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If someone adopts the child, then your obligation will cease. On the other hand, if you give up the rights, but there is nobody to take your place, then I believe that your obligation to pay child support continues. You have just given up the right to be a part of your child's life. And of course a court would have to order that your parental rights are terminated for it to be a valid termination.

Answer Applies to: Idaho
Replied: 2/28/2013


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To answer your question literally, yes but no-one would be asking you to pay child support if your parental rights had been terminated. The fact that someone is asking, tells me that your parental rights were probably not terminated, but merely restricted in some form or fashion.

Answer Applies to: Georgia
Replied: 2/28/2013

Answer By John Smitten

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no

Answer Applies to: Florida
Replied: 2/28/2013


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No, termination of parental rights terminates all authority and control over the child as well as all obligations. All rights of inheritance by parent or child are also terminated.

Answer Applies to: Mississippi
Replied: 2/27/2013

Answer By Anne B. Howard

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Yes, unless someone else takes on the responsibility. Rights do not equal obligations.

Answer Applies to: California
Replied: 2/27/2013

Answer By Abel Fernandez
Diefer Law Group, P.C.
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If it is a valid termination, no. But to have a valid termination, you need to have a court order. A judge has to terminate parental rights after an investigation.

Answer Applies to: California
Replied: 2/27/2013

Answer By John Russo

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If it is done as a termination of parental rights by the court, then no you would no longer be obligated, but you cannot just give up your parental rights it is not that simple if it were then every bust out parent could simply just sign off to get out of supporting their children, and it does not work that way.

Answer Applies to: Rhode Island
Replied: 2/27/2013

Answer By John Kirchner
John E. Kirchner, Attorney at Law
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Incorrect question. A parent cannot give up parental rights precisely because that would usually excuse them from further financial obligations and the law is not designed to let that happen unless there is someone else to take your place, i.e. by adoption.

Answer Applies to: Colorado
Replied: 2/27/2013

Answer By John F Brennan
Musilli Brennan Associates PLLC
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Yes, they give up their rights, but are not relieved of their responsibility as the children still have to eat everyday.

Answer Applies to: Michigan
Replied: 2/27/2013

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