Assuming that the support was paid to the custodial parent and was not through the state's division of child enforcement then the court might waive the debt.
Generally a voluntary relinquishment of parental rights is granted to allow the child/children to be eligible for adoption.
A TPR is not meant to be a legal venue for a parent to be relieved of the financial obligation to their minor children.
No. The custodial parent is/was the obligor, not the child.
If there is a support order in affect the obligated parent is responsible for keeping payments current and paying any arrearages. If the order was mandated after the divorce decree and the couple lived separately there may still be arrearages for support that the non custodial parent is responsible for paying.
You can't fully relinquish your rights until that back child support is paid. So you have to either pay it first or the custodial parent voluntarily waives it.
Yes. The arrearages would be due regardless of whether the mother is awarded joint or full custodial rights. The judge would have the option of offsetting the arrearages if custody is altered and the father is ordered to pay support, or take other similar action. Additionally, in such cases, the judge will refuse to rule on custodial issues until the arrearages are paid or resolved to the satisfaction of the court. It is also possible that the judge could sentence the delinquent parent to jail time and/or seize property or ganish the income of the delinquent parent to pay the arrearages. Unless the custodial father voluntarily relinquishes his custodial rights or the court has reason to believe he is incapable of parenting, the mother has very little chance of being awarded custody as she has demonstrated a lack of responsibility to her children by her failure to honor her financial obligations.
Yes. Arrearages represent payments that were due prior to the remarriage. BTW, it's likely that the NCP will continue to owe child support after the remarriage, unless the new spouse adopts the child.
No, before a suit for arrearages can be filed there must be a valid support order in place. The custodial parent can file for support according to the laws of the state in which he or she resides. If the order is granted the court will determine at that time whether or not any arrearages are applicable.
Only with the approval of the court
If the mother is already the non-custodial parent, then the custodial father already has custody. If the question is meant to ask if the mother can give up her parental rights, then you would need to petition the court.
The custodial parent can relinquish rights to child support payments by simply having such a statement notarized. This is not possible if there is a court order of child support in place. The custodial parent will need to file a petition in the court that issued the support order, the petition may or may not be granted depending upon the circumstances of the case. Furthermore, a custodial parent who voluntarily relinquishes the right to receive child support is not eligible for public aid.
That is not possible unless fraud has been committed by the custodial parent. Before a child is eligible for adoption all legal steps must be completed as outlined by the laws of the state in which the child is a resident. A biological parent must voluntarily relinquish his or her rights to the child or have those rights permanently terminated by the court. An adoption cannot proceed until the above litigation is completed and a final TPR decree granted. When a child is legally adopted by a new spouse or by a qualified party, the responsibility of financial support by a biological parent(s) is terminated. The court will address the issue of arrearages and if they are applicable before the adoption becomes final.
Yes. The custodial parent and/or if involved state child support enforcement agency can sue for child support arrearages. If a judgment is granted it can be executed as a lien against the non custodial parents vehicle or other property.
Yes. A non-custodial parent still has some parental rights, which can be relinquished. However, you should consult a licensed attorney before considering such an action.
Only with approval of the court. see my profile
Yes, if they so desire. Whether or not it's a good idea may be open to debate.
If the custodial parent is the one to move, than yes.
Whomever the custody agreement says is responsible. If the custodial parent moves out of state and it would be a hardship for the non-custodial parent to pay the travel expenses, the non-custodial parent should go to the court and seek a modification of the decree requiring the custodial parent to pay travel expenses.
No. Driving is equal amonst the parents. Non custodial picks up the child for the visit and the custodial parent picks the child up from the visit. This is standard
In depends on the state. In some states, the custodial parent can voluntarily decline to receive child support. In other states, the non-custodial parent is legally required to pay child support, whether or not the custodial parent accepts it.
Yes. In cases where the court applies arrearages it will usually be from the time the minor reaches 17 with the actual support payments begining at the age of 18. Parentage must be established before custodial, support or visitation matters will be taken into consideration by the court.
For a minor to be eligible for adoption they must be either, orphaned by the death of both parents; or both parents voluntarily relinquish their parental rights; or one parent relinquish parental rights so the minor child can be adopted by the new spouse of the the custodial parent; or by all parental rights be terminated by the court. A minor may only move in with another relative or a friend of the family if parental permission is granted or by a court order allowing the action.
Depending on where you live, it's possible (although probably unlikely) that a judge will allow you give up your parental rights without the consent of the custodial parent. You will still have to pay child support though.
No, under Louden v. Olpin ["Louden"] (1981) 118 Cal.App.3d 565 , 173 Cal.Rptr. 447, You can't force the non-custodial parent to do anything other than pay support