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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“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?”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

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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Author: House Attorney

A house attorney has answered this question.

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