Ifa spouse give up their parental rights, are they still obligated to pay child support?

UPDATED: Jan 10, 2012

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Ifa spouse give up their parental rights, are they still obligated to pay child support?

My son is going through a divorce and he is paying child support and at the end he is left with $100. He cannot afford to even feed the kids when they come to visit him for the weekend. So his solution is to give them up.

Asked on January 10, 2012 under Family Law, Colorado


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

Answered 11 years ago | Contributor

I am sorry for your son and his situation and I surely hope that he has an attorney to guide him here.  I will answe ryour question first.  Once parental rights are severed so is the responsibility to pay child support.  But now the reality of the situation: he will not be permitted to give up his parental rights to avoid paying child support.  The courts do not allow that.  I can surely understand that he is distraught about a lot but does he really wish to sever ties with his children?  That is a much highter price to pay than child support.  He needs to get help with everything.  Good luck.  

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