Parents' Rights


#1

I have another question; If the parent owes a large sum of money for back child support, does that parent have to pay up?


#2

I’m not sure about back support (i THINK that the parent still has to pay back support) but i do know that if a parents rights are legally terminated the parent no longer has to pay child support. Also, if you are wanting to terminate rights to your child the other parent has to agree and it still has to go to court.


#3

WOW!!!

All these questions, I was way back on page 4. The attorneys do not have time to answer, I suppose.

Lots of people with problems!!

Thanks for an answer when you get a chance.

Have a good day!


#4

Could I please get some input into my post?

Thanks.


#5

Daer Hammer31:

Greetings. Everytime that you post, you move yourself to the end of the line to get a response. Please remember that in the future.

No, if parental rights are terminated, then the child support is no longer paid. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#6

Hi,

Thanks! Would the parent have to pay the amount that is owed in back time child support, such as, $8,000.00? The parent has court order to pay this by $50.00 a month until paid. It is being taken out of the parents’ pay check along with the monthly child support, at this time.

Thank you.


#7

Dear Hammer31:

Greetings. That depends. If the amount was ordered, then yes, I think they have to pay the back due amount. However, the termination may have also included a release of the back due amount.

Remember that when child support is not paid and it sits as an arrearage, it is more like a debt owed than child support. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#8

Thank you for your answer.

You stated that back child support is a “debt”. Does this mean that I will have to go through the court system to collect? If so, how do I go about this?

Thanks.


#9

Dear Hammer31:

Greetings. Do you have an order for back due child support or do you have a separation agreement with child support in the same? Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#10

Thank you so much for answering my post.

Yes, there is a court order to pay back child support, which at this time is being garnished from the parents’ wages, monthly, along with the court ordered child support. We are divorced. However, the other parent does not want to see the child anymore. The other parent had court ordered visitation.

The parents’ rights to the child is in the process of being deleted. Do you feel there is anyway I can collect this back child support that is around 8,000.00 dollars?

Thanks.


#11

Dear Hammer31:

Greetings. I will need to research this over the next day or so. Please remind me by Monday if I forget it.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#12

Hi Janet,

You ask me to remind you in reference to my post. Did you find out anything?

Thank you so much for your time.


#13

Dear Hammer31:

Greetings. Thanks for the reminder. Yes, you should be able to collect this, as it is a past debt. Do you have an order showing you owe the same? I would make sure that this debt is not disposed of by your attorney in the termination case. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#14

Thsnk you.

Yes, I do have a court order stating the other parent owes this back child support. Could you please advise me as to what I need to do to collect this money. I will make sure the attorney does not dispose of this debt.

Thanks.


#15

Dear Hammer31:

Greetings. File a Motion and Order to Show Case, a Motion to Garnish Wages, a Temporary Restraining Order and Request for Preliminary Injunction, and a Request for Sanctions/Attorney Fees. This will allow you to hold them in contempt for not paying, get their wages garnished for the amount they owe, and possibly freeze assets that the court may liquidate to pay for the debt. Best of luck.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#16

Hi;

When a parent’s rights are taken, because of lack of interest in the child, will the other parent still receive child support? Can the fathers’ name be removed from the birth-certificate?

Thanks.