Legal Question in Family Law in Montana
sign parental rights away
what is intitled in signing parental rights away. is support still taken out?
1 Answer from Attorneys
Re: sign parental rights away
I'm not sure what you mean by "what's intitled" in signing parental rights away.
You asked whether child support would still be owing. While a parent can agree with the other parent to not exercise some or all parental rights, a parent can't just "sign away" parental responsibilities. Support is one of those responsibilities. The court is the only entity that can terminate a parent's rights and relieve a parent of his or her responsibilities.
Usually, from the date the court decrees that a parent's rights are terminated, support (future support) also ends. However, the parent would still be liable for any back support owed (arrearage).