Legal Question in Family Law in South Carolina
Gave up parental rights.
Recently my husband's ex and he decided to reliquish his rights to their two children. He signed over his rights on Jan. 5th and she was instructed to sign the paperwork the next day. Instead she sat on the paper work for a month, and racked up child support and now she is taking us to court on the 5th of March, but she has now signed the paperwork, but says that it is to late to cancel the court date for child support. I was wondering if what I heard was true, that once she signs the paperwork, that all child support is dropped. Also, is it legal what she is doing? If so, is there anything we can do to not pay her the child support she racked up while sitting on the paperwork? Thanks in advance.
1 Answer from Attorneys
Re: Gave up parental rights.
It is difficult to answer your question without knowing much more information. It is not uncommon to waive a child support arrearage when one parent's rights are terminated, but that is up to the presiding judge.
If the mother brought the contempt action herself, then she can certainly dismiss it too. If the Clerk of Court brought it, then she can't dismiss it but she can cooperate in having it dropped at the court hearing.
You don't mention how much is owed, but if it is only for those few weeks, it is probably not enough to fight over. If it is for a longer period of time, then there are more issues involved.
These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.
If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.
Ben Stevens
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