Questions About Child Support/Parental Rights

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sunrose

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My daughter was conceived in KY.
She was born in MI.
Her father resides in IL.
My daughter and I reside in Jasper, Indiana.

Does anyone know that if you give up your parental rights that they are not resposible for child support?

What does the law say about giving up parental rights & child support in IN and IL and MI and KY?
 
First of all you cannot just give up parental rights. There must be a lack of parent/child relationship AND a stepfather willing to adopt.

Where the child was conceived does not matter.

Where the child was born does not matter if neither parent live there and there is no court order in place from that state.

If the mother and child live in IN seems IN would have jurisdiction IF there is no current child support order out of another court.
 
in reply to ur response

Eliana's father has never seen her, nor held her and once paternity was established he signed over his rights. Eliana was born 11-14-04
 
How did he sign over his parental rights? You have to a step-father to adopt, etc. If paternity has been established, he should be paying child support. If he hasn't done anything, you can sign up for child support services in Indiana. You have to go to your Prosecutor's office in your county. You should contact them for your child's rights for support. They will be able to help you.

Go to http://www.in.gov/dcs/support/index.html

This should give you some information about Indiana child support guidelines and how the Prosecutor will help you.

Good Luck.
 
Again what do you mean he signed over rights? He can't. Ifhe is telling you that he is probably blowing smoke.

If you want child support you can file in IN for it by going to the state of IN child support website. You will have had to have lived there for at least 6 months for IN to have jurisdiction.

Keep in mind, if you file for child support, he will likely get some sort of visitation with the child if he wants it. So it is up to you on whether to file and if you want him involved.
 
in reply

we've already done the DNA testing and he signed a paper stating he was giving up his rights. he doesn't want to pay child support or want visitation. Eliana is 13 months old and he has NEVER seen her.




Duranie said:
Again what do you mean he signed over rights? He can't. Ifhe is telling you that he is probably blowing smoke.

If you want child support you can file in IN for it by going to the state of IN child support website. You will have had to have lived there for at least 6 months for IN to have jurisdiction.

Keep in mind, if you file for child support, he will likely get some sort of visitation with the child if he wants it. So it is up to you on whether to file and if you want him involved.
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in reply

we did paternity and he is the father but he signed a paper giving up his rights. he did this through his lawyer. he does not want to pay child support or have visitation. he is also married and has been for 11+ years and he lied and told me he was divorced.



gearhart7 said:
How did he sign over his parental rights? You have to a step-father to adopt, etc. If paternity has been established, he should be paying child support. If he hasn't done anything, you can sign up for child support services in Indiana. You have to go to your Prosecutor's office in your county. You should contact them for your child's rights for support. They will be able to help you.

Go to http://www.in.gov/dcs/support/index.html

This should give you some information about Indiana child support guidelines and how the Prosecutor will help you.

Good Luck.
Click to expand...
 
ftm

forgot to mention...I received a letter from the child support office and the courts stating that I will not be getting child support since he signed over his rights
 
You need to start digging and find out how he signed over his rights. That is not possible just by signing a piece of paper. He might be telling the CSE that to avoid child support. Unless it was actually signed by a judged, then he did not do it.

If he is the father of that child, regardless if he is married or not, then he should pay child support.

You really should start looking into this further. You might want to see an attorney to verify if he did in fact legally terminate his rights. If it were that easy, then all deadbeat dads would just sign a paper to walk away from their responsibilities. If you cannot afford an attorney then legal aid might help you.

I would also call CSE and talk to a case worker.

good luck
 
in reply

I did look into this further and the papers I received were signed by a judge. i can barely afford to provide for myself and my daughter let alone a lawyer. the legal aid office is 1 hr 15 mins away from me.

what is CSE?

according to the Indiana child support hotline once he signs away his rights he is NO longer responsible for paying child support.





Duranie said:
You need to start digging and find out how he signed over his rights. That is not possible just by signing a piece of paper. He might be telling the CSE that to avoid child support. Unless it was actually signed by a judged, then he did not do it.

If he is the father of that child, regardless if he is married or not, then he should pay child support.

You really should start looking into this further. You might want to see an attorney to verify if he did in fact legally terminate his rights. If it were that easy, then all deadbeat dads would just sign a paper to walk away from their responsibilities. If you cannot afford an attorney then legal aid might help you.

I would also call CSE and talk to a case worker.

good luck
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CSE-child support enforecment website.

Generally once rights are terminated, he no longer has any legal rights, or obligation to support the child.

I am shocked on how he was able to sign away his rights, without your consent or a step parent adoption be done. This is NOT usual.

Were you served with any notice of his intent to do this?

It can be appealed possibly, but then only an attorney can help you.

You can try calling around to see if you can find a pro bono lawyer (one that will work for free) it appears something is not right here. If fraud was done, which is possible, an attorney may help you for little or no charge but you need to call around. Try calling legal aid, if you do qualify it might be worth the drive, otherwise you could be totally screwed.

You can try posting on lawyers.com, over on the left is the law message board. Browse down to the family law/court area. Try posting on there and be detailed, explain exactly what you have told us and see if anyone else has some advice for you.
 
in reply

I'm not sure how it did it either but he did. I was not informed of this. There are no lawyers in the radius of 1 hr that will help me. I've been calling all morning. Since I just started my job in Oct after not working for 15 months I can't afford to take time off to go to legal aid. I will go ahead and try lawyers.com Thanks!

my daughter and I don't even qualify for help with food, cash or insurance. I make $4000 too much a year for any help. Not sure about legal aid.

Thanks again



Duranie said:
CSE-child support enforecment website.

Generally once rights are terminated, he no longer has any legal rights, or obligation to support the child.

I am shocked on how he was able to sign away his rights, without your consent or a step parent adoption be done. This is NOT usual.

Were you served with any notice of his intent to do this?

It can be appealed possibly, but then only an attorney can help you.

You can try calling around to see if you can find a pro bono lawyer (one that will work for free) it appears something is not right here. If fraud was done, which is possible, an attorney may help you for little or no charge but you need to call around. Try calling legal aid, if you do qualify it might be worth the drive, otherwise you could be totally screwed.

You can try posting on lawyers.com, over on the left is the law message board. Browse down to the family law/court area. Try posting on there and be detailed, explain exactly what you have told us and see if anyone else has some advice for you.
Click to expand...
 
My husband has a child from a one-night stand. Regardless, he still has to pay child support. He tried to sign away his rights after paternity was decided. They told him that he could not just sign away them. The one way was that if she had a step-parent to adopt. He pays his support to Indiana.

Did you agree to it? Did you sign anything saying he could? Sounds fishy to me. The Prosecutor's Office couldn't help you. Child support in Indiana goes through the Prosecutor's office. I can't see them letting that one slide. I would call the Prosecutor's office in the county child support was set in.

Good Luck,
Gearhart7
 
Did he sign away his right in another state? Because it could be possible to do so, if he did it in Michigan, maybe laws are different? I would look into also, but then again, you could be opening a box of worms! You may not want him in you lives!!

sunrose said:
My daughter was conceived in KY.
She was born in MI.
Her father resides in IL.
My daughter and I reside in Jasper, Indiana.

Does anyone know that if you give up your parental rights that they are not resposible for child support?

What does the law say about giving up parental rights & child support in IN and IL and MI and KY?
Click to expand...
 
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