Can my husband sign over his rights and responsibilities to his son and have the court relinquish his child support?

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Can my husband sign over his rights and responsibilities to his son and have the court relinquish his child support?

My husband pays $714 a month for his 2 girls with his ex-wife and now temporarily pays $790 child support for his son he has absolutely no rights to. We can barely make ends meet and my husband doesn’t want to go to jail for not being able to pay child support. There is nothing in the paperwork saying the child is his. He had a non-court submissable DNA test done back 8 months ago that said the child was his. However, the mother refused and resigned her name on the paternity affidavit. He wants to sign over his rights and responsibilities to the child and have the courts relinquish him from paying the child support.

Asked on December 23, 2011 under Family Law, Georgia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I think that it may be time for your husband to seek help from an attorney in your area on these matters.   The answer to your question is no, he can not relinquish his parental rights in order to avoid paying child support for his son.  The law does not allow that in any state as far as I am aware.   The law and the state will not leave a child whose parents have the means to support him or her destitute and with the possibility of having to be supported by state and federal programs such as welfare or medicaid.  Now, that does not mean that the state expects a parent to become destitute themselves but I am not familiar with the laws in Georgia to be able to best tell you if modification to reduce payments here is a possibility.  What he also needs to do is to establish paternitys and visitation if he is the Father.  Good luck.


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