Do I have to terminate parental rights to cancel child support?

men's divorce lawyer Rachel BrucksQuestion:

I am the non-custodial parent of a daughter who no longer wishes to see me, which I have accepted. My ex-wife says she will drop my child support, but that the only way Georgia will stop the child support order is if I terminate my parental rights.

Can the custodial parent have child support canceled? Do have to terminate my parental rights in order for the child support order to be canceled?

Answer:

I am only licensed to practice law in Texas.  Therefore, I cannot inform you as to the specific laws of Georgia, but Cordell & Cordell has attorneys who are licensed and located in Georgia who would be happy to arrange a consultation.

To answer your first question, many jurisdictions, such as Texas where I practice, allow parents to enter into an Agreed Order to terminate child support obligations. In other words, if both parties agree that child support will end, they can execute the documents or forms necessary to do so without interference from the state child support agency. This sometimes happens when both parties share equal time with the child and have nearly equal earnings, or, if they simply agree for other reasons.

The custodial parent is usually the person who has the right to receive the child support, so his or her signature on such an agreement is usually a necessary requirement. In Texas, it is unlikely the child support agency would interfere with an agreement entered into by the custodial parent.

However, some states may require a judge to review the agreement, and therefore may refuse to discontinue child support if the judge believes the agreement is not in the best interest of the child. Each state has different requirements as to what documents or forms are necessary to be filed with the Court to make this agreement valid, so you will need to consult with an attorney licensed in your state to be sure you are doing everything correctly.

Under Texas law, termination of parental rights does not necessarily terminate the obligation to provide child support (unless the termination is occurring so that someone else, such as a step-parent, can adopt the child). Under most jurisdictions, the rights a parent has to their children are entirely separate from the duties a parent has towards their children.

Parental rights include things such as the right to visitation, to receive information about your child’s health care, to consult with the other parent regarding the child’s education, and even to possibly receive a portion of your child’s earnings (your previous Decree, Order, or state statutes should outline what rights you currently have).

Parental duties include things such as paying child support and providing for the physical well being of your child. The Court’s obligation is to ensure that measures taken are in the best interest of the child, and children need to be provided for, so a termination of parental rights does not necessarily terminate parental duties. In other words, a parent’s decision to voluntarily give up his or her rights to visitation, etc., may not have any effect on his or her obligations to still provide for the child through child support.

In addition to consulting with an attorney licensed in Georgia, you should consider the following: (1) Whether or not the benefit stopping child support outweighs the rights you would retain to your daughter outside of visitation, (2) the fact that your daughter is young and could change her mind about visitation later, (3) a termination of parental rights may also prohibit you from inheriting from your child or your child inheriting from you or your family in your state, and (4) that a termination of parental rights is permanent and cannot be undone later.

 

Rachel A. Brucks is a Staff Attorney in the Fort Worth, Texas office of Cordell & Cordell where she practices domestic relations exclusively. Ms. Brucks is licensed in the state of Texas. Ms. Brucks received her Bachelors degrees in English and Political Science from the University of Texas at Arlington. She received her Masters in Literature and Gender Studies from Texas State University, San Marcos; and received her Juris Doctor from Southern Methodists University, Dallas.

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11 Comments on "Do I have to terminate parental rights to cancel child support?"

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Will
1 month 28 days ago
I have a question, my ex wife decided that she was no longer going to allow me to see our daughter, I live in texas, so I called the AG office and asked what they could do for me, they informed me that while they were more than happy to regulate my support payments, there was simply nothing they could do to help me see my little girl, that this was a matter for the family courts, after about a year of absolute life destroying conflict between me and her, I finaly decided to stop my payments, not a good… Read more »
Lisa
2 months 6 days ago
My Children and I moved to a new town which they hated so my ex husband and I agreed a few years back to have them move back with him if that’s what made them happy …..everything has been fine for years with the occasionally issues were my ex wants to control things ….. But here recently my 18 year old came for a visit went back to her dads and twisted a conversation we had to get out of trouble well naturally he believes her never calls me to speak to me like an adult but proceded to bully… Read more »
joey hinojosa
3 months 15 days ago

my kids mom told me she terminated my rights to my son not my daughter though just my son cause she doesnt have him either but i never signed anything for them to be terminated. is that right??? help me please

Maria
5 months 29 days ago

I have a question , my son just turned 18 a couple of weeks ago ., he still is going to highschool and lives at home with me . Ex husband wants to stop paying child support. In fact he is not sending a check for the month of April He loves in NJ and only sees him once a year for a couple of weeks. I was told that he needs to continue to pay until he graduates high school and is out of the house , how accurate is this ?

Ebony McLester
1 year 19 days ago

I was on a abusive relationship with exhusband and he had summer visitation and a week after him and kid’s leave he tells me they are not coming back and that he was keeping them. I have been fighting with this man for over 20 years if I do loose my custody I am done and just to keep him out of my life I am willing to serender my rights as thier mother just to stop dealing with him it is affecting my health. Can this be done?

Jazmine Jones
2 years 27 days ago

Visitation rules
My daughters dad doesn’t want to pay child support for my daughter anymore and right now it gives him joint custody; so I want to be clear that if I drop him off the joint custody goes away bc he never sent the paper off to add his name. As well as this visitation thing goes away I don’t have to do holiday split correct

Mark
2 years 30 days ago
Child support in Texas I am a joint custody non custodial parent now living out of state I got divorced in Texas and my x will not honor any part of the agreement other than her demand for child support, which she admitted she uses to buy herself a new car and pay her cell phone bill. I cannot reach my son as they block my calls and I get nothing but abusive messages from her. I cannot get a copy of his report cards, or even a school picture ( I contacted the school multiple times and even sent… Read more »
vtor
6 months 2 days ago

My ex is been planning same on me they get ciunsel from friends that are not there to see the children they just care about their wellbeing make treats and lie try to suck everybitof you

Kelly
2 years 1 month ago
Prejudiced in TexasI am considering doing just that. I ran away from a physically and emotionally abusive relationship, left a long paper trail. My ex waited until the time was up after his last beating to press charges, then got a default divorce giving him custody of the children and back child support. ( Texas) I was living in Reno at the time. With no support from him. We had already seperated and he was ordered to pay child support to me. So I joined the military and was injured severely. My children, now one is 18, still has two… Read more »
Lindsay
2 years 8 months ago

Is it really true that I can get child support in Texas even after my child’s father has signed a termination agreement? He doesn’t wish to have parental rights to her but I could really use some help.

3 years 10 months ago

do I have to terminate parental rights for child support to be cancelled
I have a daughter who lives with her dad in Forney Texas. I live in Tampa Florida.The court automatically granted him child support changing the orginal divorce decree because I could not afford to attend court. We both agreed I didnt have to pay but the court didnt let him speak. How can we get the agreement for me not to have to pay done..Thanks Kacey
Kaceyduquesne@gmail.com

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