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sarahmychael
07-20-2006, 06:16 PM
If parental rights are terminated can further support be sought after the date of termination?

For instance...say my parental rights are terminated while my child is two...can support be sought from me when they are 4?

mommyof4
07-21-2006, 09:15 AM
If parental rights are terminated can further support be sought after the date of termination?

For instance...say my parental rights are terminated while my child is two...can support be sought from me when they are 4?

No. The only time support will be ordered after TPR is if the "former" parent owes arrearages from before the date of TPR. Once rights are terminated, so is all legal obligation. Parental rights cannot be terminated unilaterally. In other words, both parents must agree to it OR a court must order TPR once a suit to terminate is initiated. In MOST states, step parent adoption is also required to TPR.

sarahmychael
07-21-2006, 09:42 AM
Thank you..that makes sense to me. In the case of my fiance, he has been told his rights were terminated...although he did not know the child existed until we received papers stating that CSRU was working on putting together a support order.

I did some research on it, and they did indeed put his name in the paper stating that there was going to be a hearing to terminate parent child relationship..since we do not live in that area we never seen the publication and I'm assuming they went forward with it on the scheduled date. How would we go about getting the paper work that states his rights have indeed been terminated?

mommyof4
07-21-2006, 10:25 AM
Thank you..that makes sense to me. In the case of my fiance, he has been told his rights were terminated...although he did not know the child existed until we received papers stating that CSRU was working on putting together a support order.

I did some research on it, and they did indeed put his name in the paper stating that there was going to be a hearing to terminate parent child relationship..since we do not live in that area we never seen the publication and I'm assuming they went forward with it on the scheduled date. How would we go about getting the paper work that states his rights have indeed been terminated?
Contact the clerk of court in the county that the TPR was to have been completed. They should be able to get the info for you or tell you who you need to contact.

xena
07-21-2006, 04:32 PM
Thank you..that makes sense to me. In the case of my fiance, he has been told his rights were terminated...although he did not know the child existed until we received papers stating that CSRU was working on putting together a support order.

I did some research on it, and they did indeed put his name in the paper stating that there was going to be a hearing to terminate parent child relationship..since we do not live in that area we never seen the publication and I'm assuming they went forward with it on the scheduled date. How would we go about getting the paper work that states his rights have indeed been terminated?
Apparently your fiancee did not voluntarily relinquish his rights, there was a hearing to terminate and the rights were terminated by the court by default, correct?

I don't know about your state, but in alot of states when the court terminates a NCP's rights, without it being agreed to by the NCP in court, the law allows the court to order the NCP to continue to pay CS.
That MIGHT be what the situation was for your fiancee, so he should check into that possibilty. He needs to get a copy of the court order terminating rights, it may have a clause in there about CS.

sarahmychael
07-21-2006, 09:50 PM
No one seems to be able to tell me where to locate these papers at. I've tried the clerks office, the county attorney, the juvenile court, the district court.

The child support caseworker told my fiance today that it meant that he had no more obligations to the child, and that they were only looking for payback of the accrued child support from when the child was a CINA. This dates of length of accrued suppourt matches up pretty well with what I could find out by checking notices in the paper.

It was advertised in the paper the local paper letting him know when the court date was and that he should contact the court asap to get involved, however since we live in Indiana, and the proceedings are in Iowa, we had no knowledge. So yes, it would have been by default. I know however that the bio mom's rights have also been terminated, and by terminating both parents rights, that would leave the child open for adoption. Is there anywhere that we could find out if the child has been adopted. I know that he is with the bio mom's sister and sister's husband.

xena
07-22-2006, 06:07 PM
No one seems to be able to tell me where to locate these papers at. I've tried the clerks office, the county attorney, the juvenile court, the district court.

The child support caseworker told my fiance today that it meant that he had no more obligations to the child, and that they were only looking for payback of the accrued child support from when the child was a CINA. This dates of length of accrued suppourt matches up pretty well with what I could find out by checking notices in the paper.

It was advertised in the paper the local paper letting him know when the court date was and that he should contact the court asap to get involved, however since we live in Indiana, and the proceedings are in Iowa, we had no knowledge. So yes, it would have been by default. I know however that the bio mom's rights have also been terminated, and by terminating both parents rights, that would leave the child open for adoption. Is there anywhere that we could find out if the child has been adopted. I know that he is with the bio mom's sister and sister's husband.
The letter from the CS agency should have the court case number on it. If not, he'll have to recontact the Iowa court clerks office and ask for the case by either his name, the mother's name, or the child's name.

Adoption records are usually sealed, so I don't belive there's any way of finding out if an adoption has occured. It really doesn't matter anyway because his rights were terminated and apparently he only has to pay CS for the period of time before his rights were terminated.

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