My Ex is Unable to Pay Arrearages, If He Terminates his Parental Rights Does he Still Need to Pay for Back Child Support?
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Summary
My ex husband has had no interaction with our minor child and lacks the finances to pay support, so he has asked to terminate his parental rights so that my new husband whom has taken care of my daughter since she was born can adopt her, my question is this : Can I write this paperwork up myself or do I need to hire an attorney to do this for me? Also, in either case, he has not paid support in almost year and I would ask that the arrearages be dropped so that we may just move on with our lives, is this possible or will he have to pay arrearages before terminating his rights? |
“My ex husband has had no interaction with our minor child and lacks the finances to pay support, so he has asked to terminate his parental rights so that my new husband whom has taken care of my daughter since she was born can adopt her, my question is this : Can I write this paperwork up myself or do I need to hire an attorney to do this for me? Also, in either case, he has not paid support in almost year and I would ask that the arrearages be dropped so that we may just move on with our lives, is this possible or will he have to pay arrearages before terminating his rights?”
You are at your option to be your own attorney in a family law or juvenile action in most states. It is usually not recommended because the attorney is usually familiar with the proper paperwork and can navigate you through treacherous waters if there is a problem. That being said, many of the necessary forms are on line and you are at your option to try to figure out what you need to do.
Ex will still be on the hook for the arrearages. You are also at your option to choose to not seek payment for (enforce) those amounts.
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For more on this subject check out these categories: Family Law, Child Support, Termination of Rights
Michael Durgavich is an accomplished attorney and mediator. Maintaining a general practice in the San Jose, California area, Mr. Durgavich specializes in family law, bankruptcy, and alternative dispute resolution. Mr. Durgavich can be reached through his website at http://www.MichaelDurgavich.com. Contact This Author
State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.