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much needed child supprt Indiana

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  • much needed child supprt Indiana

    isnt it morally and legally right to support your child even if you give up y our parental rights? that happened to my son 7 yrs ago...his father gave rights up. no one has adopted my son so my son doesnt have a father. is it possible to get back up support and future s upport?

  • #2
    Originally posted by swubby View Post
    isnt it morally and legally right to support your child even if you give up y our parental rights? that happened to my son 7 yrs ago...his father gave rights up. no one has adopted my son so my son doesnt have a father. is it possible to get back up support and future s upport?
    How in the world were his parental rights terminated? Were they actually terminated or was he denied custody/visitation? There is a big difference. If they were legally terminated, you would have had to agree.

    If his rights were legally terminated, then no, there is no obligation to support the child. The child is NOT his child, anymore. Morally may be a different story, but if you are dealing with someone that managed to get out of support to begin with, what, exactly, do you think a court order would accomplish?

    If his rights were legally terminated, you have no chance of filing and getting a support order for the past or for the future. It's not his child.
    HOOK 'EM HORNS!!!
    How do you catch a very rare rabbit?
    (unique up on him)
    How do catch an ordinary rabbit?
    (same way)

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    • #3
      i question how rights were terminated since she would have had to agree to the termination knowing he would no longer be the legal father of the child. And I have never heard of a state that would legally make a child a "*******" unless there were extreme extenuating reasons and then she would have had to ask for the termination. Chances are, she was given sole custody. Find your papers and read the exact wording. The court clerk can supply a copy if they were filed and signed by a judge (which they would have to be to be legal). If it was just sole custody, then yes, the father does have an obligation to pay child support and you will need to contact your CSE office and fill out the paperwork.

      Comment


      • #4
        re:child support needed

        Originally posted by milspecgirl View Post
        i question how rights were terminated since she would have had to agree to the termination knowing he would no longer be the legal father of the child. And I have never heard of a state that would legally make a child a "*******" unless there were extreme extenuating reasons and then she would have had to ask for the termination. Chances are, she was given sole custody. Find your papers and read the exact wording. The court clerk can supply a copy if they were filed and signed by a judge (which they would have to be to be legal). If it was just sole custody, then yes, the father does have an obligation to pay child support and you will need to contact your CSE office and fill out the paperwork.
        here is what my divorce papers say "the parties were married on dec 27 1996 and seperated on june 1 1998.
        the parties were residents of hendricks county, indiana for more than six months prior to the filing of the petition for dissolution of marraige.
        there was one child born of the marriage....gives my sons name....born...his bday....wife is not pregnant now.
        there is an irretrievable breakdown of the marraige.
        the parties have no property to divide.
        father voluntarily requests termination of his parental rights.


        order
        the petition for dissolution of marraige is granted, and the parties are returned to the status of unmarried persons.
        husbands rights are terminated.
        wife is granted sole custody of....my sons name.
        all of which is ordered this...then gives date



        thats all it says nothin about me requesting his rights be terminated just him asking.

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        • #5
          Originally posted by swubby View Post
          here is what my divorce papers say "the parties were married on dec 27 1996 and seperated on june 1 1998.
          the parties were residents of hendricks county, indiana for more than six months prior to the filing of the petition for dissolution of marraige.
          there was one child born of the marriage....gives my sons name....born...his bday....wife is not pregnant now.
          there is an irretrievable breakdown of the marraige.
          the parties have no property to divide.
          father voluntarily requests termination of his parental rights.


          order
          the petition for dissolution of marraige is granted, and the parties are returned to the status of unmarried persons.
          husbands rights are terminated.
          wife is granted sole custody of....my sons name.
          all of which is ordered this...then gives date



          thats all it says nothin about me requesting his rights be terminated just him asking.
          You asked this same question in several threads on another site. The posters there repatedly asked you if your ex's rights had been terminated by court order and you refused to answer. Although you were told that if his rights had been legally terminated, he has NO rights, and NO LEGAL OBLIGATIONS- he is NOT a father- period.

          You have now answered the question asked on the other site so the above advise is definately correct. NO- you CANNOT collect ANY CS from your child's father (your ex) because legally, your child does not have a father.

          I belive that you stated that yoy are now disabled and need money- the ONLY thing you can do is to file for your child to recieve SS benefits based on your disability. Contact the social security office to apply for the benefit.

          Comment


          • #6
            Originally posted by swubby View Post
            here is what my divorce papers say "the parties were married on dec 27 1996 and seperated on june 1 1998.
            the parties were residents of hendricks county, indiana for more than six months prior to the filing of the petition for dissolution of marraige.
            there was one child born of the marriage....gives my sons name....born...his bday....wife is not pregnant now.
            there is an irretrievable breakdown of the marraige.
            the parties have no property to divide.
            father voluntarily requests termination of his parental rights.


            order
            the petition for dissolution of marraige is granted, and the parties are returned to the status of unmarried persons.
            husbands rights are terminated.
            wife is granted sole custody of....my sons name.
            all of which is ordered this...then gives date



            thats all it says nothin about me requesting his rights be terminated just him asking.
            I don't believe his rights ARE terminated. You have sole custody... So do I, but the father still has his parental rights.

            Apply for child support anyway. Get a lawyer if you did not agree to him terminating his rights and they claim it went through (which I highly doubt).

            Comment


            • #7
              Originally posted by demartian View Post
              I don't believe his rights ARE terminated. You have sole custody... So do I, but the father still has his parental rights.

              Apply for child support anyway. Get a lawyer if you did not agree to him terminating his rights and they claim it went through (which I highly doubt).
              I posted at the same time as you, LOL. OP's order specifically states that father's rights were terminated legally, so filing for CS is not an option for her.
              (OP went into more detail on other site).

              Comment


              • #8
                His rights were terminated and the OP is well aware of what that means.

                No child support order. Period.

                As he is not even the father, by law, he does not even have a moral obligation to support the child. You should have considered that when you allowed rights to be terminated. And, yes, you did agree. No judge would terminate his parental rights over your objection.
                HOOK 'EM HORNS!!!
                How do you catch a very rare rabbit?
                (unique up on him)
                How do catch an ordinary rabbit?
                (same way)

                Comment


                • #9
                  Originally posted by mommyof4 View Post
                  His rights were terminated and the OP is well aware of what that means.

                  No child support order. Period.

                  As he is not even the father, by law, he does not even have a moral obligation to support the child. You should have considered that when you allowed rights to be terminated. And, yes, you did agree. No judge would terminate his parental rights over your objection.
                  I was told when I got my divorce that in no way can rights be terminated to a child along with the divorce... Otherwise, I would never be going through the court battle I am now with my own son because my ex would have gladly signed over his rights at that time. Rather than posting here, she should be consulting a lawyer.

                  Comment


                  • #10
                    I think there is much, much more to this OP's story.
                    HOOK 'EM HORNS!!!
                    How do you catch a very rare rabbit?
                    (unique up on him)
                    How do catch an ordinary rabbit?
                    (same way)

                    Comment


                    • #11
                      Originally posted by mommyof4 View Post
                      I think there is much, much more to this OP's story.
                      I do too. She willingly agreed to allow termination and along with that, no CS. Now, she is regretting her decision because she needs the money. Too bad, she (and sadly, her child) has to live with her decision, she just doesn't seem to understand that fathers aren't bank accounts that can be turned on and off at a whim.

                      Comment

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