Saturday, October 24, 2009

Looking for thoughts on this probably controversial topic. Should a man pay child support if...?

he gives up his parental rights.

Before you answer, hear me out on what has me feeling like he shouldn't be responsible. (and I am not sure how true this next thought is, but.)
A mom can give up a child for adoption by taking it to one of those no questions asked drop off centers. She is terminating her parental rights by doing so. Now she doesn't have to pay child support. A man doesn't really have this option, but can give up is parental rights. However in this situation, he still is required to pay child support.
I wonder if a mom dropped the child off at one of these places and the dad found out and went to get the child, could the mom be made to pay child support.

(a friend struggled when his babies mom told him she would drop the child support and the backpay she was getting each month if he would sign his rights away. His finances were a mess, he was living in a car, and made the decision to sign. Sadly she got him good, cuz he still has to pay.)
Answers:
no
Wow. That is most unfortunate for him. I wish for him that he had sought legal advice on that one.
While I'm no legal expert - if this is true it is certainly a double-standard that needs to be worked on.
I have a friend who has custody of his kids (his ex-wife gets weekend visitation) %26 HE is still required to pay HER. It's absolutely not right, I agree.
I would advise him to get a different attorney, because if he gave up his parental rights, then he should not have had to pay child support.
If she gave her child up, and he took responability for the child,she should for sure pay support and what ever back support to him. She sounds very iressponsible and isn't looking out for her childs best intrest. You can't have a baby and then just expect the other person taking care of the child to accept full financial resposability, Tell your freind to get a good lawyer and take her *** to court. If she didn't have the child in her care and recieved money for that child. She has to pay that money back. No doubts about it!
another double standard for men
I was a part of the very first wave of women to be trainned in the U.S. Army after the equal rights ammendment was passed and put into real action. I was single and I had no children at the time. However too many of the women I trainned with had to sign over custody of their children or child , as a part of the terms of them signing on. I could have never done that , but they had to , with no husband or means of support , and the polygamist talk of big love.....give me a break. Congess had to re-think the rules and Federal law were past to prevent men from leaving women and inocent children with no means of support. They have even pasted laws making it harder to fire a woman from her job just because she is pregnant. They can so all of this , but they can't make men act like men and women act like women if they are not ready to grow up. In case you did't understand it at the beginning, the court orders child support for the best interest of the child. I don't make the rules I just try and follow them. In my opinion marriage still remains the best protection for the family. Men , women and children. This answer was not intended to provoke , but share an ideal that has been alittle lost as of late.
Gosh your story covers a lot of heated issues.

A friend of ours gave up his rights because of a terrible situation with the ex. She accused him of physically abusing one of the kids. Even though the charges were dropped and she got into trouble for falsely filing a police report, he finally gave up parental rights. He still pays support. Based on what others have written, he may have agreed on his own to keep paying.

With that said, your friend needs good legal advice. Did he really want to give up his rights? If not, I am sure there is something that can be done through the court system. I hope your friend is able to get his own life back together.
Well, this is a good question.
I am mixed, yes his is the Father and he needs to provide for his children, but, if the mother leaves the child(children) with the dad she needs to pay child support.

he needs legal advice

(that was dirty what she did)
SHOULD he- is that the question? If so this is my opinion from a VERY REAL POV

Morally- NO. Of course as w/most matters of morals it all depends on the individual. When I became pregnant I felt I had three choices- abortion, adoption, or keep it. I felt the father had two- be involved or no. The latter being the male version of the first two choices.

Legally- YES. A parent has a financial obligation to their child. The dropoff centers you mention are a way of turning a child over for adoption. They are also a way of ending postpartum murder (harsh I know but it's true)

Now anybody w/a drop of common sense knows that financial support is extremely beneficial but in the long run it really is the smallest part of being a parent. I think fighting over such a trivial thing brings both parents to a lower level.

In my case- I never even considered going "after the dad" for child support. I made my choice and he made his. Had I decided on abortion I couldn't "force" him to pay for that. Why should he pay for years on the fact that I made a different choice? My morals just happened to be different from the legal POV.

**sidenote** Later it didn't matter b/c he came around and now we are both involved on all levels.
At one point I had a father. At another point, my mother filed for divorce and sought child support. In an effort to avoid that obligation, that father 'disowned' me. I'm not sure how that works, or if just a story i've been fed, but my 'father' never had to pay child support and apparently went through some legal effort to 'disown' me. Good for him, because 20 some odd years later, I find out that he's 'probably' not my biological father. Maybe he knew this and used it in legal proceedings to get out of child support, but I'm not sure. I'm sorry for all the 'quotes'. But if you are interested you might research 'disown' and see what happens.
If the mother has given up her parental rights and the state allowed this, she would not be obligated to pay child support as she is no longer recognized legally as the child's parent. This would hold true regardless of whether the child went into the foster care program or whether If the child's father "rescued" the child. If she relinquished her parental rights pursuant to an existing state law by taking her child to a "no questions asked" center, where she would receive impunity and would be allowed to relinquish her parental rights, then she is within the law. Sorry to hear about your friend? Good luck -
No
He needs to see an attorney. Normally parental rights are terminated when an adoption is pending.

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