QUESTION
If biological father signs away his rights, does he still need to pay back child support?
Asked on Oct 11th, 2013 on Child Custody - Oklahoma
More details to this question:
My now 6 year old daughter's biological father has never made any attempt to see or speak with her. Also, he has never paid child support. Is he still required to pay back child support if I have to go through the court in order to have him sign away rights so my husband can adopt my daughter? Her biological father's name is not on her birth certificate.
4 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Yes, the child support obligation was incurred before the termination of paternal rights.
Answered on Oct 16th, 2013 at 10:58 AM
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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It will be best for you and your husband to consult with an experienced adoption/parental termination attorney in your area to review your facts. Even if the parental rights of the biological father are terminated, in Arizona he would still owe a support obligation.
Answered on Oct 15th, 2013 at 10:54 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Bio father is liable for his child's support until the child is actually adopted by another. His giving up his rights does not affect his past due (and until adoption) obligations unless you agree (unless there was state aid involved).
Answered on Oct 14th, 2013 at 10:31 AM
Is he presently under an order to pay support. If not, there is no back support to pay. If so, and he is in arrears, then yes, what is already due will remain due, together with statutory interest.
Answered on Oct 14th, 2013 at 9:14 AM