We live in the state of TX, if my husband signs over paternity rights, does he still have to pay child support
My husband has never denied his son. He has always paid the child support and we have always provided insurance on him. However in the 6 years we have known that he is my husbands, he has seen him 4 times. The mother has 3 other children by 3 other men. She originally told my husband that her 2nd child was his, and when she got pregnant with the 3rd child (now discovered to be his), she told him she had been cheating on him and that it was this other guys. They split and she went and married this other guy. Then they split and she filed to get paternity tests done. That's when we found out the 2nd child was not his, but the 3rd child was.
We are completely fed up at this point, as she doesn't work at all, and she lives off the system. My husband would like to sign over rights, but we've been told that he would still have to pay child support. Does anyone know if this is true? Also, does she have to agree to this, or can it just be done?
Just to answer a few of the comments all in one statement: He doesn't necessarily want to leave this child "fatherless". She refuses to let my husband see his son because myself and our 2 girls are in the picture. So, my girls have a brother that they don't even know because he has a stubborn hateful mother.
To comment on back child support, that won't happen. The child support has been garnished from every one of my husbands checks, and even one years tax return to pay the 1 year that we didn't know he was my husbands. So, we have plenty of proof that all payments were made, and that my husband has taken care of his obligations from day one.
Back to the comment about her getting married...that would most likely never happen, because she doesn't want to lose the social security she receives on her 2nd child. Not to mention, probably half of her state aid.
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If someone has to pay child support, then they have rights to the child.
Be very careful…this person sounds like she is preparing to file for back support and ruin everyone’s life.
If you paid support, it only counts if you went through the legal channels, just sending her a personal check does nothing at all (doesn’t count), and she is in a powerful position to demand back support. Hope you have records of everything you sent, it may help with a supportive judge. Build a good character case and…good luck.
If he signs over his rights he might still have to pay child support, he will legally no longer be that child’s father and have no responsibility to him. However getting a court to approve this request without valid reason will be hard. Also just because she is a lazy skanky ho , why would he stop supporting his child, why would he sign legal papers declaring his son fatherless ?
The only way to end the childsupport is if the mothers husband is willing to adopt the child.
The only way a man or women can sign over their rights is if their ex is going to remarry and the new wife/husband is going to adopt the child. And if he can sign over his rights then no he would not have to pay child support. I would talk to a lawyer in your area though. Think about it, if men and women could just sign over their rights then there would be no such thing as child support.
Well she knows the system like you said . He can turn over his paternal rights which means he cant have contact with his son it’s as if that’s not his son. But he still has to pay support unless she agrees she doesn’t want it . I don’t think she would agree to this from what your saying
Call the county attorney’s office and ask about the rules.