Do I Still Have to Pay Child Support if I Sign Over my Paternity Rights?

Signing over your parental rights is not an easy process.

If you're a parent who is responsible for paying child support, you do so because a state court has issued a court order for you to do so. The only way to stop paying child support is to then go to court and ask it to terminate its order. This is required even if you give up your parental rights or if you show that you are not a child's father. Child support laws differ from state to state, so talk to a lawyer in your area for legal advice.

Paternity

Paternity is the legal recognition that a man is a child's parent. Typically, the paternity of a father can be called into question in cases where the parents are unmarried, but it can also arise with married couples as well. Any party to a child custody, paternity or child support case can ask the court to order scientific testing to determine who the child's father is. Once a court determines paternity, the father has the legal obligation to care for and support the child unless otherwise determined by the court.

Child Support Orders

Both parents have a legal duty to provide child support to their children. Each state has its own laws governing how child support is determined and who must pay, but once a court issues a child support order it cannot be modified unless the court later allows such a change. A parent must continue to pay child support for as long as the court so orders, though a parent who terminates his parental rights can ask the court to cease any order of child support.

Best Interests

When awarding child custody and child support, a court must consider what is in the best interests of the child and make its determination based on the factors that affect this. For example, the court has to take into consideration factors such as the age of the child, the relationship the parents have with the child and any history of abuse or neglect. The court's purpose is to ensure the child's needs are met, and they can make child support or custody orders to make sure this happens.

Termination

A father can terminate his parental rights voluntarily and involuntarily. A voluntary termination is one where the father requests to terminate the rights or agrees to such a termination, such as in adoption situations. Involuntary termination of parental rights often comes as a result of chronic abuse, abandonment or long-term failure to provide support or contact. However, even if a parent wants to voluntarily terminate his parental rights, that doesn't necessarily mean he can avoid child support. For example, a court may accept a parent's voluntary termination of parental rights but find that maintaining support payments are still in the child's best interests.

References

• The Mississippi Bar: Determining Paternity
• New Mexico Judicial Education Center: Child Welfare Handbook:
• U.S. Department of Health and Human Services: Grounds for Involuntary Termination of Parental Rights