Legal Question in Family Law in Georgia

Termination of Parental Rights and Child Support

My husband's ex-wife wants him to sign papers to terminate his parental rights so that her new husband can adopt their daughter. They say that he won't have to pay any past due or future child support if he signs the papers. His ex-wife's lawyer says that the only part of the paperwork that goes to the judge is the Final Notice of Adoption. In this it says ''the natural father of said child is required to pay child support and other financial obligations under an order of the Superior Court, case _______, which financial obligations are hereby terminated''. They are saying that this terminates all support, past due, present, and future, but other people have told us that this just terminates future support, not past due. We had problems with the mom not letting us get the child for visitation, and the child had health problems, and so finally they agreed that he would not visit the child or pay support, so we do not now want to have to pay support when we haven't been able to see the child. Can someone please tell us whether this will truly terminate the past due support if he signs the papers? Thanks


Asked on 2/20/05, 5:40 pm

3 Answers from Attorneys
Tahira Piraino Tahira P. Piraino

Re: Termination of Parental Rights and Child Support

The wording appears to disallow future payments but does not address arrearages. Your obligation to provide support does cease at the time the Final Order of Adoption is executed by the Judge. Unless there is something in writing addressing the arrearage, you could still be obligated to pay the child support arrearage. I would suggest you have an attorney review the paperwork prior to executing anything.

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Answered on 2/21/05, 1:46 pm
Charles W. Field Charles W. Field, Attorney at Law

Re: Termination of Parental Rights and Child Support

Future support will be eliminated. As to arrearages, you should consult with a local attorney as how to handle this. A settlement on this issue could be included in the adoption order.

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Answered on 2/21/05, 3:50 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Termination of Parental Rights and Child Support

An adoption only terminates future and not past support.

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Answered on 2/20/05, 7:16 pm


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