Some people

[dmmj]

Now see I was under the assumption that if a parent's rights were terminated )Hasta La Vista Baby) then they would no longe rbe held acountable for child support? Now if those kids were adopted by another man thru marriage would he still have to pay for the kids? As to the rates if he had stayed for 61 minutes would he then be billed for 2 hours? Now don't get me wrong I think a man who tries to weasel out of his obligations is not a man at all, I was just curious to the rates and billing.

 

[Stazz]

What a pig = I cannot understand how someone could ask what that guy was asking Rich, pretty ridiculous. Makes my blood boil too, and I'm not even near being in the legal industry ! And about the billing by the hour....I do understand billing a guy like that by the hour, even if he was just there for 10mins, but woud you do it to a nice little old ladt who came to the wrong type of lawyer? Does that make sense lol

 

[richalisoviejo]

Now see I was under the assumption that if a parent's rights were terminated )Hasta La Vista Baby) then they would no longe rbe held acountable for child support? Now if those kids were adopted by another man thru marriage would he still have to pay for the kids? As to the rates if he had stayed for 61 minutes would he then be billed for 2 hours? Now don't get me wrong I think a man who tries to weasel out of his obligations is not a man at all, I was just curious to the rates and billing.

That’s correct. If he terminated his parental rights and his Ex’s new husband adopted those two children he would be off the hook.

9-9-220. Relinquishment and termination of parent and child relationship.

(a) With the exception of the duty to pay child support, the rights of a parent with reference to a child, including parental right to control the child or to withhold consent to an adoption , may be relinquished and the relationship of parent and child terminated in or prior to an adoption proceeding as provided in this section. The duty of a parent to pay child support shall continue until an interlocutory decree of adoption is entered.
(b) All rights of a parent with reference to a child, including the right to receive notice of a hearing on a petition for adoption, may be relinquished and the relationship of parent and child terminated by a writing, signed by an adult parent, subject to the court's approval.

I couldn’t have billed him for two hours, I heard enough of his whining after ten minutes lol.

 

[Crazy1]

Now I know I heard (read) the words consultation. I‘ve contacted an attorney and been told the consultation price would be, say, $150.00 /hour. If I meet with him/her and spend 20 min. or 59 min. I expect to pay the $150.00. I have met with an attorney that stated his consultation rate was $100.00/ hour and when the consultation only took a few minutes I was actually charged less. And I have contacted some that stated their consultation fee is $150.00 and stated no time limit. Consultation rates I believe are different than a rate of a Client and I would think would be different than the contractual agreement of a client.

 

[katesgoey]

Now see I was under the assumption that if a parent's rights were terminated )Hasta La Vista Baby) then they would no longe rbe held acountable for child support? Now if those kids were adopted by another man thru marriage would he still have to pay for the kids? As to the rates if he had stayed for 61 minutes would he then be billed for 2 hours? Now don't get me wrong I think a man who tries to weasel out of his obligations is not a man at all, I was just curious to the rates and billing.

That’s correct. If he terminated his parental rights and his Ex’s new husband adopted those two children he would be off the hook.

9-9-220. Relinquishment and termination of parent and child relationship.

(a) With the exception of the duty to pay child support, the rights of a parent with reference to a child, including parental right to control the child or to withhold consent to an adoption , may be relinquished and the relationship of parent and child terminated in or prior to an adoption proceeding as provided in this section. The duty of a parent to pay child support shall continue until an interlocutory decree of adoption is entered.
(b) All rights of a parent with reference to a child, including the right to receive notice of a hearing on a petition for adoption, may be relinquished and the relationship of parent and child terminated by a writing, signed by an adult parent, subject to the court's approval.

I couldn’t have billed him for two hours, I heard enough of his whining after ten minutes lol.

Are citing California Family Code or is that the Arkansas Code Section you are citing?? (That's the only one I could find in a quick search with those section numbers). I'm really getting confused now.

---

This is a quote from http://forum.freeadvice.com/marriag...-45/relinquish-parental-rights-ca-156094.html

You need to obtain a court order / judgment to relinquish your rights. A judgment terminating parental custody and control "terminates all parental rights and responsibilities with regard to the child"--including all further child support obligations. Thus, the parent whose rights are severed by the decree may no longer be reached for future child support. [Ca Fam § 7803; County of Ventura v. Gonzales (2001) 88 Cal.App.4th 1120, 1123-1124, 106 Cal.Rptr.2d 461, 464]

Likewise, an order terminating parental rights (whether or not an adoption or other permanent placement plan has been adjudicated) completely severs the parent-child relationship, extinguishing the affected parent's child support obligation and divesting the court of authority to make a child support award against that parent. [Ca Fam § 7803; County of Ventura v. Gonzales (2001) 88 Cal.App.4th 1120, 1123-1124, 106 Cal.Rptr.2d 461, 464 (Ca Wel & Inst § 366.26 termination of father's parental rights); see also County of Orange v. Rosales (2002) 99 Cal.App.4th 1214, 1219-1220, 121 Cal.Rptr.2d 788, 791-791; Fraizer v. Velkura (2001) 91 Cal.App.4th 942, 946, 110 Cal.Rptr.2d 918, 921]

SO, it hasn't been long if and when the law changed to state that severed parental rights do not end support obligations, but i still can't find the "new" California statutory language....again, I'm just curious since I wonder if the statutory change you cite means a slew of adult children can go back and sue their terminated parent for back child support. ?.

 

[katesgoey]

dmmj - FYI Other states may have that law, but -

This is the answer to the relevant FAQ of the Orange County Superior Court of CA cite:

"If your parental rights are terminated, and you owe child support that was ordered before your rights were terminated, you are still required to pay the amount owed. Note that the court, if requested to do so, may only order a termination of parental rights if someone else is prepared to adopt the child. The court generally will not order a termination of your parental rights if that would leave the child with only one parent responsible for his or her care and support."
http://www.occourts.org/directory/family/child-support.html.

[Note that if the rights are terminated, only support owed BEFORE termination is still owed].

So unless and until I can find or am provided a California statute to support an argument otherwise, the support issue is whether or not the rights would be terminated in the first place. If they are in fact terminated, he would no longer owe support unless he was behind in past support (assuming he is in California). I'm not defending the parent here, just making sure the law is stated correctly for the situation. Okay, I'll be done with this, it was just really bugging me because I spent 4 years of my life with my head and heart in this stuff..... So many little kids being the hot potato....makes me sad.

 

[terryo]

If a woman leaves the state with the child, is the husband still responsible for child support, or is that terminated since the ex left the state and took the child?

 

[Jacqui]

If a woman leaves the state with the child, is the husband still responsible for child support, or is that terminated since the ex left the state and took the child?

An ex is not required to remain living in the same state.

 

[chadk]

If a woman leaves the state with the child, is the husband still responsible for child support, or is that terminated since the ex left the state and took the child?

An ex is not required to remain living in the same state.

Depends on how the custody is set up... For example, if they share days of the week - leaving the state may violate the custody arrangement.

 

[katesgoey]

If a woman leaves the state with the child, is the husband still responsible for child support, or is that terminated since the ex left the state and took the child?

Unless the parental rights are terminated, the support order is in effect. In California, custody orders usually require the parent to seek a court order first or an agreement with the other parent if that parent wants to leave the state with the child(ren). The support order would be a separate issue and if the parent and child do leave the state there is a Uniform child support code that provides for interstate collection of child support.