Q: If my children's father wants to be taken off child support, and I agree, will he have to sign over all his rights?
He has mentioned several times that I need to take him off child support and take care of my children myself. They are his responsibility as well, but I don't need his money as I have been raising these kids on my own for 4 years, and he was late on child support so many times it wouldn't be much of a difference. If he doesn't want to be responsible for his own children, I want all the rights to go to me. My parents told me he'd have to agree to signing over all the rights to them if I agreed to waive the support. I would also like to know if I do waive the support, would the children still be entitled to any back child support he owes them?
A: No. Not unless that is the deal you negotiate. Even so, that will not negate his arrearage, again, unless that is something you negotiate.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
