QUESTION
Do I still pay child support if I sign away my rights?
Asked on Dec 20th, 2013 on Child Custody - Rhode Island
More details to this question:
My ex wife keeps taking my daughter away. I don't want my daughter to be put through that but I don't wanna pay my ex child support for a daughter I don't see.
8 ANSWERS
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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When you give up your parental rights you also give up your parental obligations. In other words, no child support would be due. The issue is whether a court would allow you to give up your parental rights.
Answered on Dec 23rd, 2013 at 11:33 PM
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Child support and visitation are not related that way - you must pay regardless of whether you have visitation and you have visitation rights even if you never paid a dime. You cannot just relinquish on your child unless your ex wife is remarried to someone who is willing to adopt your daughter. You should consult with an attorney about how to make sure your support amount is fair and you are getting your parenting time.
Answered on Dec 23rd, 2013 at 11:33 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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You don't get to simply give away your rights to avoid child support. If your ex is withholding the child, file a contempt motion or a motion to modify the custody order.
Answered on Dec 23rd, 2013 at 11:32 PM
Yes. The mother of your child cannot waive your child's right to child support. My advice is to file for shared custody and visitation. She does not have the right to keep you from seeing your daughter. It is not good for your daughter. Girls need a father too.
Answered on Dec 23rd, 2013 at 11:32 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You can voluntarily give up your rights, but not your obligations (unless the child is adopted by another).
Answered on Dec 23rd, 2013 at 11:32 PM
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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In Utah: First, you must understand that you cannot merely "sign away your rights," to a child. If what you mean is that you desire to have your parental rights terminated, the only way to do that is through filing an action in the court to have an order of the court issued that terminates your parental rights. But if and when your parental rights regarding a child are terminated, you are correct in understanding that you also have no further obligation to support that child.
Answered on Dec 23rd, 2013 at 11:31 PM
You pay child support for your child, not for your ex. And you child deserves your support no matter what your ex does
Answered on Dec 23rd, 2013 at 11:31 PM
Personal Injury Attorney serving Marksville, LA
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The Bryan Law Firm L.L.C.
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Sounds like you need to file to establish visitation rights. That way if your ex refuses to let you see your daughter, she can be held in contempt and fined or imprisoned for not following the judgment of the court. As far as child support is concerned, that is a totally separate obligation. In other words, you continue to owe your obligation of support even if she denies you your right to see your child.
Answered on Dec 23rd, 2013 at 11:31 PM