Give up Custody, Don't pay Child Support?
My ex-spouse and myself both live in Arizona. 2002, we both decided that to seek child support from each other. However, my ex petitioned for child support in 2003 and it was granted Feb '04. We have two children. Since our divorce my ex has requested that I give up my custody of the boys because he has remarried. Since our latest court hearing, I have lost my job, drained my accounts and my ex has enforced child support payments. Our court hearing is July 6th. I am now considering giving up custody because the fight has nothing to do with our children. If I give up my parental rights in exchange for not having any financial responsibility. Will the court grant this decision? My ex had already proposed this request to me after the child support order was granted. Also, can my ex come back at a later date and request child support?
1 Answer from Attorneys
Re: Give up Custody, Don't pay Child Support?
Giving up your parental rights will not release you from the obligation to pay child support. In fact, it may increase your obligation for the 2 children. The support obligation will continue until the children are emancipated or adopted. Your ex can go back and collect the full amount of ALL back child support even up to three years after the children are emancipated.
Since you have a hearing date on July 6, you really should seek an attorney as soon as possible to discuss your case. For a consultation, you may call 1-800-677-1010 to set up an appointment.