Q: No custody. Child support order changed to 0$. The grandpa of mother now has custody and is asking for child support.
in 2013. after 5 years of court. I relinquished my rights and we agreed on a child support order/ change, to 0$... The mother from my understanding has not seen our son in the past 3-7 years. My past court date was to transfer parental rights from our son's mother to her father. Now I received a notice to appear in regards to child support.
Is this legal? I've released my rights.. After years of fighting, it came to a point of not winning. The mother and I were 17/18/19/20 years old. Her father bankrolled her whole case. Now he has parental rights. Filing for child support. He has made a great career, 100k-300k+ at the end.
I still communicate with my son via text. Which the grandfather purchased $4,000+ bicycles. Newest clothing, supports any sport he wishes.
This is strictly another dig at me. Since I agreed to transferring parental rights. Does this Null/Void the initial child support order?
A:
Even though you relinquished your parental rights and the child support order was changed to $0, it’s important to understand that this doesn't always permanently end your financial responsibility for child support. If someone else, such as the grandfather, now has legal custody, they can potentially seek child support from you, depending on the specific circumstances.
California law generally bases child support on the best interests of the child, and if the child's needs are not being met by the custodial party, the non-custodial parent can still be required to contribute, even if your parental rights were previously relinquished or modified. The court will consider various factors, including your current financial situation and the needs of the child, before making a new child support determination.
It might feel like this is unfair, especially given the history and the financial situation of the grandfather, but it is crucial to attend the court hearing to present your side. The court’s primary concern will always be the child's welfare, and explaining the entire situation may help clarify things.
A: Not sure what you mean by "released your rights". You cannot relinquish your parental rights unless your child is being adopted. Your obligation to pay child support/to financially support your child remains enforceable regardless of what agreements you may have reached with the other parent or with extended family. It just doesn't work that way. You say you released your rights at your last court hearing. What does that mean? What do your COURT ORDERS say? If grandparents have "custody", odds are they are legal guardians, not custodial parents. In either situation however, you are still the legal parent of this child and are still responsible for his financial support. So is Mom. Did the grandparents adopt your son? If the grandparents adopted your son and you relinquished your parental rights along with that adoption, then you are correct, you are no longer responsible for the financial support of this child. I'm sorry if this sounds confusing. There's a lot of missing information here making it difficult to give you a helpful response. I recommend you consult directly with an attorney rather than posting questions on this or any other legal Q&A website.
A:
The answer depends on what you mean by " relinquished [your] rights". But generally speaking. A person who has full custody can request a change to a court order that initially said no child support was required. In California, they would generally need a good reason to have it changed, such as a significant change in their or your finances or a change in the child's needs. If it's been over three years since the orders were last reviewed, they could also request a cost of living adjustment without their being any significant change in circumstances.
If by "relinquished [your] rights" you mean the Grandfather adopted the child, then, typically all of your rights and responsibilities would be terminated and therefore you wouldn't be responsible for supporting them.
A:
Generally speaking , a person who has full custody can request a change to a court order that initially said no child support was required. In California, they would typically need a good reason to have it changed, such as a significant change in their or your finances or a change in the child's needs. If it's been over three years since the orders were last reviewed, they could also request a cost of living adjustment without their being any significant change in circumstances.
If by "relinquished [your] rights" you mean the Grandfather adopted the child, then, typically all of your rights and responsibilities would be terminated and therefore you wouldn't be responsible for supporting them. In that case, no, they wouldn't be able to force you to pay child support.
Again this is general and it would depend on the exact court orders you originally received and if the grandfather adopted the child or just received full custody. If you believe the request is without legal merit, you should discuss the possibility of filing a motion to dismiss with an attorney. Otherwise, if it is in fact without merit, the court should likely deny the modification.
Either way, speak to an attorney. Don't miss the hearing.
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