Legal Question in Family Law in California

custody of children and child support

My husband, against my better judgement, is considering relinguishing custody of his two children, because he can't afford the child support being taken out and he cant afford to fight them. We live in Texas and they live in California. We have had the child support adjusted to his income, but not he is having to pay for state benefits she received and have to pay back due to fraud, which leaves him less than $100/wk and now they have a hold on his drivers license and he can't get a better job without it (an apprenticeship to a plumbers union). He can't get visitation (she wont cooperate) and he can't reach them by phone (again, wont cooperate). He has them on his insurance and have always kept them on insurance. He has collectively missed maybe 4-6 months in child support in the past 9 years, since he first re opened the case. He can't afford to visit them or send for them and when we had an offer to pay for flying them out, she refused. My husband believes that if he just gives up custody (since he cant see them anyway), then he won't have to pay anymore child support.

Please tell me is this is true and what other options we have. I don't want him to give up his kids. He loves them very much and I know it will hurt him.


Asked on 11/13/07, 1:43 pm

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: custody of children and child support

Relinguishing custody or terminating parental rights terminates rights it does not terminate the responsibility to pay support. So his plan will not work. He should talk to an attorney if he has not done so already. Good Luck, Pat McCrary

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Answered on 11/13/07, 5:57 pm


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