Yahoo Answers is shutting down on May 4th, 2021 (Eastern Time) and beginning April 20th, 2021 (Eastern Time) the Yahoo Answers website will be in read-only mode. There will be no changes to other Yahoo properties or services, or your Yahoo account. You can find more information about the Yahoo Answers shutdown and how to download your data on this help page.
Trending News
Will giving up parental custody waive past due child support?
My nephew was approached by his child's mother in regards to giving up parental rights so her new husband can adopt his 16 year old as his own. My nephew was hurt at work 5 years ago and since has been unable to pay court ordered child support for 5 years. Disability is fighting my nephews claim so he owes close to $35,000 in past due support. The mothers child is claiming if my nephew signs off his parental rights that all past due child support will be waived. I think only future support is waived, but she says all past,present and future. Can this be true. I would never sign off my custody rights, but my nephew is convinced that this will waive everything he owes and will owe.
My nephew was approached by his child's mother in regards to giving up parental rights so her new husband can adopt his 16 year old as his own. My nephew was hurt at work 5 years ago and since has been unable to pay court ordered child support for 5 years. Disability is fighting my nephews claim so he owes close to $35,000 in past due support. The mothers child is claiming if my nephew signs off his parental rights that all past due child support will be waived. I think only future support is waived, but she says all past,present and future. Can this be true. I would never sign off my custody rights, but my nephew is convinced that this will waive everything he owes and will owe. This is in California.
9 Answers
- no1adviceLv 71 decade agoFavorite Answer
No but what can be done is this: He can ask a lawyer to offer her a settlement and it can be for like a 1/4 of it and settle it. Then the court will clear it off the books for that amount.
- Their mommy!Lv 61 decade ago
Truth Hurts is correct - the mother DOES have the authority to waive past due support upon an adoption so long as it's not owed to the state, meaning she was never on and isn't on public assistance.
However, he needs a lawyer for this to make sure he doesn't get screwed over.
I think it's awful that, even for $35k, he's considering giving up ALL rights to his child. I hope he'll have an explanation for the child in the future, although there isn't any good ones. Best of luck.
Source(s): Here's the form: http://www.courtinfo.ca.gov/forms/fillable/fl626.p... - Truth HurtsLv 51 decade ago
Only if the mother waives them as long as he doesn't owe anything to the state. If he owes the state, he will have to pay that but the mother can ask that the past due support be waived. There will be some legal contract that'll have to be drawn up during the termination of rights hearing. She can request that in court at the hearing. I would suggest he get that contract from her first before the hearing so he knows she's serious about it.
Source(s): Been there, done that. - 1 decade ago
My girlfriend is a family law attorney. Since it's the mother who initially filed for child support it's all the mother's right to elect to waive all claims to past & future support in cases where the father agrees to give up his Legal & Physical parental rights to his child. In California, the father needs to acknowledge his decision in front of the Judge.
- How do you think about the answers? You can sign in to vote the answer.
- Anonymous1 decade ago
When a noncustodial parent has a huge change in income, he or she should go to court and make a motion to modify the amount. They are granted ALL the time.
When someone is injured and can't get disability for five years, chances are he or she isn't too disabled to work. So, what has his child been eating while he failed to meet his responsibilities??
Only future support is waived.
- sexzykahne#83Lv 41 decade ago
A debt is a debt and cannot be erased...it is a court order and he will be liable to pay it...siging over his rights won't change the fact that he is this child's father and owes the money...he will be in arears until the debt is payed ...so he will be stuck with it if disability contests it or not
