Cleveland, OH asked in Child Custody, Child Support and Family Law for New York

Q: If the father of my kids agrees to signing his rights over fully. Would the child support continue or stop? I

I don’t need the child support. He has other kids to take care of. If he signs his rights over would the payments stop or will New York continue to take the payments?

1 Lawyer Answer

A: (This is for NY) First of all, you should know he cannot sign over his "rights". The only way for his rights to be terminated is a Neglect petition being filed by DSS or he consents to an adoption. Until his rights are terminated, he has to pay child support. The only way to stop support from being taken out by NY is to go into court and agree to direct payments from him to you. Of course that does not stop you from later claiming he did not pay as he was supposed to and he is in arrears and contempt. All this should be discussed with a NY lawyer.

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