If I get sole costody will my ex husband pay child support?

Question

My husband and I are in the process of getting a divorce. I would like to have sole custody and was wondering if my ex would still have to pay child support. If he gave up all of his parental rights does he have to pay child support. When does he have the option to give up his rights.

Michael D. Fluke · Answer

He can agree to give you sole custody, but he will still have to pay you child support. Even if a judge allows him to terminate his rights, this will not get him off the hook for support.

Steven Burkhalter · Answer

You, as the primary parent, will receive child support.

John G. Miskey · Answer

Unless your ex's parental rights are terminated, he is still obligated to pay child support, regardless of the custodial schedule.

Roianne Houlton Conner · Answer

If you receive primary physical custody he will have to pay child support.  If his parental rights are terminated then he will not have to pay child support.

Erin Farley · Answer

Simple answer: Regardless of timeshare, both parents have a duty to support their child. This duty would only end if a parent's rights are terminated.  Long answer: I must say that I am disturbed by your question. I am disturbed because you indicate that you want sole custody, without facts indicating that Dad is a child abuser or harm to this child. If those facts do not exist, I do not understand why you would not want Dad to be a part of the child's life. Regardless of whether parents are together or apart, the best situation for your child is that he or she feels loved by both parents.  That child will see him or herself as 1/2 each of you - do you want to nurture and respect that 1/2 of your child that is Daddy or ignore and abandon an entire aspect of your child's character and history? Absent the threat of harm from Dad (and again I have no access to the particular facts), the best thing you can do for your child is to nurture and encourage the child's relationship with Dad.  *Please be aware that I do not have access to the factual situation underlying this question; as such, I can not give competent and complete legal advice and no attorney-client relationship has been created by my response.

Steven D. Dunnings · Answer

If you are in a divorce, the Friend of the Court should explain that to you, otherwise, hire an attorney.

Paul Eads · Answer

He doesn't unless you get re-married and your new spouse adopts.

Patricia C. Van Haren · Answer

Your husband will still be required to pay child support, even if he waives all of his rights to your child.  Child support is non-waivable therefore even if your husband were to be in agreement that you could have sole custody, he would have to pay.

James Lentz · Answer

Your husband gives up his rights when another man wants to adopt the child(ren).  You can privately agree he will stay away and out of your child's life, but fewer men are willing to do that.  And enforcement is difficult unless he has attached you or the children.  You may require that he pay only minimum support, and in Cuyahoga County that would be about $50 per month.  You are not on the right track.  Please see a domestic relations attorney soon.

Jeffrey Pollock · Answer

While 2 parents can make any agreement that they want  preferably in  the  best interest of their child(ren), a father cannot have his parental rights   terminated unless someone is going to adopt the child and take his place  (or if  CYF does it).  If and when that happens, then he would not have any  duty of  support.  You can both agree that he will not pursue custody and  that you  will not pursue support.

John Kirchner · Answer

Both parents are financially responsible for the child; the only question is who pays who.  The answer to that depends on the specific facts and circumstances, specifically according to the terms of a Parenting Plan.  Colorado does not use the term "custody" so the term "sole custody" means nothing - especially as to child support.  A parent can never relinquish parental rights as a way to avoid child support.  That obligation will continue unless and until another person legally adopts the child. Adoption results in the termination of parental rights and obligations and can occur with or without the other parent's consent depending on the circumstances.

Edward Papa · Answer

Under New York State law, parents are responsible for supporting their child until the child is 21 years old. Release from responsibility can occur in context of a step-parent adoption. If you remarry and your new husband wants to adopt and takeover financial & parental responsibility for your child then your ex would be allowed to consent to the adoption and all his obligation ends when the child is adopted. Other than that, law and public policy do not allow for fathers to abandon their children in order to evade child support obligations.

Glenn Tanner · Answer

In Washington,if you are the primary caretaker, the other parent will pay child support. He can only give up his "rights" (really obligation) to his children if someone else adopts them and takes over his responsibility.

Kathryn Hudson · Answer

In Arkansas the non-custodial parent is usually required to pay child support and even if they are unemployed the court will enter an order of support based on minimum wage. Giving up ones parental rights to negate child support is not supported by the courts. Giving up parental rights is usually in relation to a pending adoption, such as you remarry and your new husband wished to adopt your children, under those circumstances the court would allow your ex to relinquish his rights. In another scenario if a non-custodial parent does not support or contact their child in over a year they can lose their parental rights but would still be required to pay child support.

Gary Moore · Answer

Sole custody does not mean the other parent has no rights. He or she retains the right to parenting time with the parties' child. Secondly, one can not decide one day that he or she is no longer a child's parent.

Jay Neff · Answer

First, we need to be clear that an award of custody or a parenting plan is not the same thing as a termination of parental rights. A termination of parental rights is generally not done by the court. That is because it impacts things beyond mere custody. For example, if the court terminated your husband's parental rights in the child, the child would no longer be entitled to inherit from your spouse when he dies. One of the very few times you see an actual termination of parental rights is when a child is being adopted. For example, if at some point in the future you got remarried, and your new husband wanted to adopt your child, then, there would be a termination of the rights of the child's father. He would, literally, no longer be the child's father.  Your new husband would become the child's father.  Assuming that we're not talking about an actual termination of parental rights, then, your spouse will still have to pay child support in some amount, regardless of what happens with custody and visitation.

Paul J. Wallin · Answer

The obligation to pay child support does not stop if you decide to stop seeing your child. The amount of child support depends upon many factors, including the income of both spouses and how often both parents see the child. If he wishes to give up his parental rights, he can do so, but only if you agree.

Glen Edward Ashman · Answer

There is no such thing as giving up parental rights. The right to support belongs to the child and cannot be waived by you.  With sole custody he will pay more support than with joint custody, as parenting time affects support. Discuss this with your lawyer. Since you have a child, you absolutely need counsel.

Vincent Bernabei · Answer

He does not have the option to give up all of his parental rights unless the child is adopted by someone else. The amount of child support he will pay depends primarily on your incomes and how many overnights each of you will have the child during the year.

Loren Zahn · Answer

First, unless there are special circumstances or your ex is willing to agree to it, it is unlikely that you would be granted sole legal and physical custody of your child. Child Support is based upon the relative earnings of the parties, the timeshare schedule (different from custody), and certain other expenses. The less time one parent has with the children, the more likely they will be ordered to pay support. The court won't allow someone to give up their parental rights just to avoid paying support. Unless there is someone interested in adopting in his place, or his conduct is such that no future contact ever between him and the child, then a termination of parental rights is unlikely.

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If I get sole costody will my ex husband pay child support?

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