I have two children who I do not get to see, I owe around $5000 in arrears, if I sign my rights away, do I still owe back child support? 11 Answers as of September 09, 2013

Also I want to know if I will have to continue to pay child support.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
The Law Firm of Jessica M. Cotter, P.L.L.C. | Jessica M. Cotter
In Arizona the termination of a biological parent's parental rights does not end that parent's obligation to support the child. Only the adoption of the child achieves that result.
Answer Applies to: Arizona
Replied: 9/9/2013
John Russo | John Russo
You can't just sign your rights away, unless she is asking you to so that her new spouse can adopt them. If that is the case then no you will not have to pay prospective support, but you would need to negotiate the issue of any arrears being waived.
Answer Applies to: Rhode Island
Replied: 9/5/2013
Law Office of Annette M. Cox, PLLC
Law Office of Annette M. Cox, PLLC | Annette M. Cox
Your obligation to pay child support (and arrears) does not terminate upon the termination of your parental rights. If the children are adopted by someone else, then your obligation to pay support in the future will terminate. The arrears would still be your responsibility however.
Answer Applies to: Arizona
Replied: 9/5/2013
Law Office of Brent R. Chipman
Law Office of Brent R. Chipman | Brent R. Chipman
If the children are adopted, your obligation to pay ongoing child support will be terminated. Child support accruing prior to the termination of your rights is not affected unless you specifically negotiate a forgiveness of the back child support as part of your agreeing to the adoption. If the state has provided benefits to your spouse, it may be more difficult to have the back support forgiven. Merely giving up your rights to visit with your children may not terminate your obligation to pay support unless the agreement addressing the termination of your obligation to pay child support. Even then, the court must approve any such agreement. If the children are not being adopted, there are public policy arguments against terminating child support.
Answer Applies to: Utah
Replied: 9/4/2013
Welsh Law, LLC
Welsh Law, LLC | Michael Shane Welsh
Why are you considering "signing your rights away"? In Georgia, you may be able to enter into an agreement with your children's other parent that encompasses back child support, your obligation for future child support, and custody/parenting rights.
Answer Applies to: Georgia
Replied: 9/4/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    You will have to pay the back child support. If the children are adopted, your child support obligations will cease, as well as any ability to see them.
    Answer Applies to: Idaho
    Replied: 9/4/2013
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    Yes, you will still owe back support though you wouldn't owe future support; however, the only way you can sign your rights away is if there is a step parent willing to adopt.
    Answer Applies to: Wisconsin
    Replied: 9/4/2013
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    You can't simply "sign your rights away"; a petition to termination your parental rights must be filed in juvenile court and have a basis for filing, and the judge must decide that it is in the best interest of the children for you to have your parental rights terminated. The only other way to terminate your parental rights is if a step parent adopts them. If your parental rights are termination, you will not owe child support from the date of the termination order going forward, but you will still owe any arrears (they are not wiped out by the termination of rights).
    Answer Applies to: Georgia
    Replied: 9/4/2013
    Eric Johnson
    Eric Johnson | Eric Johnson
    Why do you not see the children? Are they being withheld from you? Or are you choosing not to see them? Why are you in arrears $5000? Is it because you cannot pay? Or is it because you choose not to pay? In response to your question as to whether you can "sign your parental rights away," the answer is no, you cannot do so. Only a court can terminate your parental rights. You cannot voluntarily waive them. If your parental rights are terminated, that would not discharge your obligation for child support arrearages. If your parental rights are terminated, your obligation to pay child support terminates as well; you will have no obligation to pay child support prospectively thereafter.
    Answer Applies to: Utah
    Replied: 9/4/2013
    Victor Varga | Victor Varga
    Arrears will still be due but support would stop once your rights are terminated.
    Answer Applies to: Maryland
    Replied: 9/4/2013
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    Yes. Arrears never go away.
    Answer Applies to: New York
    Replied: 9/4/2013
Click to View More Answers: