Since I have not seen my daughter in 13 years and my child support payments are spotty, if I sign over parental rights and another man adopts her do I still have to pay “back” child support or arrears?

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Since I have not seen my daughter in 13 years and my child support payments are spotty, if I sign over parental rights and another man adopts her do I still have to pay “back” child support or arrears?

Asked on December 29, 2012 under Family Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Once your parental rights are terminated, then so does your obligation for any future support payments.  However, it does not terminate your obligation to pay any child support obligations that have already accrued.  Some parties do have formal or informal agreements wherein the custodial parent agrees to waive their right to enforce back child support in exchange for the other parent's agreed termination of their rights.   Keep in mind, though, that the right technically belongs to the child and the child could later seek to enforce their right to that support. 

If the Attorney General's Office is involved in the enforcement of any support obligations, they are not likely to agree to the waiver of any back child support obligations.


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