Termination of parental rights / still owed child support arrearages

[krazyworld]

What is the name of your state? TX

A mother has agreed to sign a voluntary termination of parental rights. The father has been granted sole custody. It is my understanding that under Texas law, this will releive her of any future support obligations. My question is how does this affect the $18000 child support arrearages due to her from the father?

 

[LdiJ]

What is the name of your state? TX

A mother has agreed to sign a voluntary termination of parental rights. The father has been granted sole custody. It is my understanding that under Texas law, this will releive her of any future support obligations. My question is how does this affect the $18000 child support arrearages due to her from the father?

That's an interesting question. I have not encountered that scenario before. Whoever wants to know (mom or dad) should probably run it by a local attorney.

 

[milspecgirl]

i am going to assume that it remains. I know that when a TPR occurs and the ncp owes arrears, they are still owed, so I would assume it would be the same for the CP. A TPR is from that date forward and shouldn't alleviate any past orders/debt

 

[pucker]

Im going through this in Illinois and unless I waive the arrearage the ncp is still responsible for that portion. Im not sure if every state is the same or not, but you can check with your local cs agency.

 

[Ohiogal]

i am going to assume that it remains. I know that when a TPR occurs and the ncp owes arrears, they are still owed, so I would assume it would be the same for the CP. A TPR is from that date forward and shouldn't alleviate any past orders/debt

Do not assume. IN some states arrearages are forgiven when an adoption takes place.

 

[LdiJ]

This one is wierd however, because its not the ncp...the person who is terminating their rights, who owes the arrearage.

Its the cp...the person who is keeping the child, who owes the arrearage to the person who is terminating their parental rights.

I wouldn't want to hazard a guess.

 

[janM]

Do not assume. IN some states arrearages are forgiven when an adoption takes place.

Is Ohio one of those states?

 

[Ohiogal]

Is Ohio one of those states?

Certain counties have it right on their paperwork when it comes to stepparent adoptions that arrearages are automatically waived.