If I get sole costody will my ex husband pay child support? 32 Answers as of July 03, 2013

My husband and I are in the process of getting a divorce. I would like to have sole custody and was wondering if my ex would still have to pay child support. If he gave up all of his parental rights does he have to pay child support. When does he have the option to give up his rights.

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Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
You, as the primary parent, will receive child support.
Answer Applies to: Washington
Replied: 8/24/2011
The Davies Law Firm, P.A.
The Davies Law Firm, P.A. | Robert F. Davies, Esq.
I can help you with this, this is one of the things I do for a living all the time. Yes, he has to help to pay the expense of taking care of his child. He can not just walk away and make you pay all the bills.
Answer Applies to: New Jersey
Replied: 8/20/2011
Bagwell Holt Smith Jones & Crowson, P.A.
Bagwell Holt Smith Jones & Crowson, P.A. | John G. Miskey IV
Unless your ex's parental rights are terminated, he is still obligated to pay child support, regardless of the custodial schedule.
Answer Applies to: North Carolina
Replied: 8/17/2011
Law Office of Roianne H. Conner
Law Office of Roianne H. Conner | Roianne Houlton Conner
If you receive primary physical custody he will have to pay child support. If his parental rights are terminated then he will not have to pay child support.
Answer Applies to: Alabama
Replied: 8/15/2011
The Law Office of Erin Farley
The Law Office of Erin Farley | Erin Farley
Simple answer: Regardless of timeshare, both parents have a duty to support their child. This duty would only end if a parent's rights are terminated. Long answer: I must say that I am disturbed by your question. I am disturbed because you indicate that you want sole custody, without facts indicating that Dad is a child abuser or harm to this child. If those facts do not exist, I do not understand why you would not want Dad to be a part of the child's life. Regardless of whether parents are together or apart, the best situation for your child is that he or she feels loved by both parents. That child will see him or herself as 1/2 each of you - do you want to nurture and respect that 1/2 of your child that is Daddy or ignore and abandon an entire aspect of your child's character and history? Absent the threat of harm from Dad (and again I have no access to the particular facts), the best thing you can do for your child is to nurture and encourage the child's relationship with Dad. *Please be aware that I do not have access to the factual situation underlying this question; as such, I can not give competent and complete legal advice and no attorney-client relationship has been created by my response.
Answer Applies to: California
Replied: 8/12/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    If you are in a divorce, the Friend of the Court should explain that to you, otherwise, hire an attorney.
    Answer Applies to: Michigan
    Replied: 8/11/2011
    Law Office of Patricia Van Haren
    Law Office of Patricia Van Haren | Patricia Van Haren
    Your husband will still be required to pay child support, even if he waives all of his rights to your child. Child support is non-waivable therefore even if your husband were to be in agreement that you could have sole custody, he would have to pay.
    Answer Applies to: California
    Replied: 8/11/2011
    Law Offices of Paul A. Eads, A.P.C.
    Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
    He doesn't unless you get re-married and your new spouse adopts.
    Answer Applies to: California
    Replied: 8/11/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    Your husband gives up his rights when another man wants to adopt the child(ren). You can privately agree he will stay away and out of your child's life, but fewer men are willing to do that. And enforcement is difficult unless he has attached you or the children. You may require that he pay only minimum support, and in Cuyahoga County that would be about $50 per month. You are not on the right track. Please see a domestic relations attorney soon.
    Answer Applies to: Ohio
    Replied: 8/11/2011
    Law & Mediation Office of Jeffrey L. Pollock, Esq.
    Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
    While 2 parents can make any agreement that they want preferably in the best interest of their child(ren), a father cannot have his parental rights terminated unless someone is going to adopt the child and take his place (or if CYF does it). If and when that happens, then he would not have any duty of support. You can both agree that he will not pursue custody and that you will not pursue support.
    Answer Applies to: Pennsylvania
    Replied: 8/11/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    Both parents are financially responsible for the child; the only question is who pays who. The answer to that depends on the specific facts and circumstances, specifically according to the terms of a Parenting Plan. Colorado does not use the term "custody" so the term "sole custody" means nothing - especially as to child support. A parent can never relinquish parental rights as a way to avoid child support. That obligation will continue unless and until another person legally adopts the child. Adoption results in the termination of parental rights and obligations and can occur with or without the other parent's consent depending on the circumstances.
    Answer Applies to: Colorado
    Replied: 8/11/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    Termination of parental rights is not the same thing as sole custody to one parent. He will not give up his parental rights if you get sole custody and he will still pay child support. The information contained in this email may be confidential and/or legally privileged. It has been sent for the sole use of the intended recipient(s). If the reader of this message is not an intended recipient, you are hereby notified that any unauthorized review, use, disclosure, dissemination, distribution, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this communication in error, please contact the sender by reply email and destroy all copies of the original message. Thank you for your anticipated cooperation.
    Answer Applies to: Connecticut
    Replied: 8/11/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    We recommend you retain a lawyer to discuss your rights and options, including seeking child support even if you have sole custody. Good luck.
    Answer Applies to: Georgia
    Replied: 8/10/2011
    The Coyle Law Office
    The Coyle Law Office | T. Andrew Coyle
    Each parent has a duty to financially provide for their children regardless of whether or not they have custody. Child support is a benefit for the child - and only the child can give up that right (which in reality would never happen since a minor cannot give up rights). The only time a parent would lose the obligation to pay support would be if the minor is formally adopted by another person.
    Answer Applies to: Illinois
    Replied: 8/11/2011
    Vermeulen Law office P.A.
    Vermeulen Law office P.A. | Cynthia J.Vermeulen
    There are 2 types of custody: legal custody and physical custody. I think you are referring to physical custody, which relates to the daily residence and care of the children. Legal custody relates to administrative decision making authority for your children's medical, educational and religious needs. In Minnesota, the parenting schedule determines the percentage of parenting time each parent has with the children. This percentage is used in the Minnesota Child Support Guidelines calculation to determine a child support obligation. Child support is generally paid to the parent who has the children residing with him or her most of the time, but this depends on the incomes of both parents. Child support calculation includes the gross income (before taxes) of each parent. Termination of parental rights is a dramatic step which can be taken voluntarily by a parent or involuntarily, by the other parent or agency. In a case where a parent wishes to terminate his or her parental rights in order to avoid a child support obligation, the courts are usually reluctant to relieve a parent of this obligation. This is particularly true when there is not another parental figure who wishes to adopt the children and take on this financial support obligation.
    Answer Applies to: Minnesota
    Replied: 8/10/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    In Washington,if you are the primary caretaker, the other parent will pay child support. He can only give up his "rights" (really obligation) to his children if someone else adopts them and takes over his responsibility.
    Answer Applies to: Washington
    Replied: 8/10/2011
    Edward Papa, Esq.
    Edward Papa, Esq. | Edward Papa
    Under New York State law, parents are responsible for supporting their child until the child is 21 years old. Release from responsibility can occur in context of a step-parent adoption. If you remarry and your new husband wants to adopt and takeover financial & parental responsibility for your child then your ex would be allowed to consent to the adoption and all his obligation ends when the child is adopted. Other than that, law and public policy do not allow for fathers to abandon their children in order to evade child support obligations.
    Answer Applies to: New York
    Replied: 8/11/2011
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    Sole custody does not mean the other parent has no rights. He or she retains the right to parenting time with the parties' child. Secondly, one can not decide one day that he or she is no longer a child's parent.
    Answer Applies to: New Jersey
    Replied: 8/10/2011
    Law Office of Kathryn L. Hudson
    Law Office of Kathryn L. Hudson | Kathryn L. Hudson
    In Arkansas the non-custodial parent is usually required to pay child support and even if they are unemployed the court will enter an order of support based on minimum wage. Giving up ones parental rights to negate child support is not supported by the courts. Giving up parental rights is usually in relation to a pending adoption, such as you remarry and your new husband wished to adopt your children, under those circumstances the court would allow your ex to relinquish his rights. In another scenario if a non-custodial parent does not support or contact their child in over a year they can lose their parental rights but would still be required to pay child support.
    Answer Applies to: Arkansas
    Replied: 8/10/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    If the child is being adopted by a step parent and the biological father is giving up his parental rights, the bio dad's obligation to support the child at that point ceases once the adoption is perfected. Unless any support arrears are waived, the bio dad could still be obligated to pay off those arrears. Child support is based on 3 key factors: gross incomes of the parties, actual time share and tax advantages or disadvantages.
    Answer Applies to: California
    Replied: 8/10/2011
    Law Office of Robert L. Fiedler
    Law Office of Robert L. Fiedler | Robert L Fiedler
    You are mixing up to very different legal concepts. Sole custody is not the same as giving up parental rights by the other party. Sole custody simply means that all major decision making is done by one parent, including decisions concerning health, education and religion. Giving up parental rights is much bigger than that. If a person's parental rights are terminated, they have no rights concerning the child and they have no obligations either. Under sole custody, there is still child support. If there is a TPR, there is no child support. Sole custody issues are handled by the superior court. TPR is handled by a probate court or juvenile court.
    Answer Applies to: Connecticut
    Replied: 8/10/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    First, we need to be clear that an award of custody or a parenting plan is not the same thing as a termination of parental rights. A termination of parental rights is generally not done by the court. That is because it impacts things beyond mere custody. For example, if the court terminated your husband's parental rights in the child, the child would no longer be entitled to inherit from your spouse when he dies. One of the very few times you see an actual termination of parental rights is when a child is being adopted. For example, if at some point in the future you got remarried, and your new husband wanted to adopt your child, then, there would be a termination of the rights of the child's father. He would, literally, no longer be the child's father. Your new husband would become the child's father. Assuming that we're not talking about an actual termination of parental rights, then, your spouse will still have to pay child support in some amount, regardless of what happens with custody and visitation.
    Answer Applies to: Washington
    Replied: 8/10/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    The obligation to pay child support does not stop if you decide to stop seeing your child. The amount of child support depends upon many factors, including the income of both spouses and how often both parents see the child. If he wishes to give up his parental rights, he can do so, but only if you agree.
    Answer Applies to: California
    Replied: 8/10/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    There is no such thing as giving up parental rights. The right to support belongs to the child and cannot be waived by you. With sole custody he will pay more support than with joint custody, as parenting time affects support. Discuss this with your lawyer. Since you have a child, you absolutely need counsel.
    Answer Applies to: Georgia
    Replied: 8/10/2011
    Michael D. Fluke, P.A.
    Michael D. Fluke, P.A. | Michael D. Fluke
    He can agree to give you sole custody, but he will still have to pay you child support. Even if a judge allows him to terminate his rights, this will not get him off the hook for support.
    Answer Applies to: Florida
    Replied: 7/3/2013
    441 Legal Group, Inc.
    441 Legal Group, Inc. | Gareth H. Bullock
    Yes he still has to pay child support.
    Answer Applies to: Florida
    Replied: 8/10/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    There is a difference between getting sole custody and giving up parental rights. Parental rights cannot be terminated in a divorce proceeding; a divorce proceeding only deals with custody, not termination of parental rights. If you get physical custody of the child(ren), then there should not be any reason that you would not get child support, as it is the duty under the law of both parents to support the child.
    Answer Applies to: Georgia
    Replied: 8/10/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    First, unless there are special circumstances or your ex is willing to agree to it, it is unlikely that you would be granted sole legal and physical custody of your child. Child Support is based upon the relative earnings of the parties, the timeshare schedule (different from custody), and certain other expenses. The less time one parent has with the children, the more likely they will be ordered to pay support. The court won't allow someone to give up their parental rights just to avoid paying support. Unless there is someone interested in adopting in his place, or his conduct is such that no future contact ever between him and the child, then a termination of parental rights is unlikely.
    Answer Applies to: California
    Replied: 8/10/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    He does not have the option to give up all of his parental rights unless the child is adopted by someone else. The amount of child support he will pay depends primarily on your incomes and how many overnights each of you will have the child during the year.
    Answer Applies to: Oregon
    Replied: 8/10/2011
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