Can I Terminate Parental Rights and Stop Paying Child Support?

child custody divorce new jersey

It would make sense if you no longer had obligations to pay child support if the state no longer considered you a parent of a child. This is why some people who are struggling financially decide that they want to give up their parental rights. This means that they would no longer have a relationship with their child and their need to pay child support would end. This is something that happens, but the process is so simple. The court’s first priority is to look out for the best interests of the child, which means that you may need the help of our child support termination attorneys in Bergen County, NJ if you want a chance to give up those parental rights.

Is it Easy to Terminate My Parental Rights?

No. The court looks at the best interests of the child and in most cases it is not in their best interests to have a parent abandon them by giving up their rights. That is how most judges will see things anyway. If your sole reason for giving up parental rights is the cost of child support, that is unlikely to help your case.

Another complication is that your former spouse would have to agree to let you give up your parental rights. They are probably reluctant to give you an easy out and give up the child support that you are paying. So terminating parental rights is usually not that simple of a process.

Is Not Wanting to Pay Child Support a Good Reason to Terminate Parental Rights?

The other issue here is that not wanting to pay child support is rarely seen as a good reason to give up your parental rights. Both parents are obligated to support their child, whether that child lives with them the majority of the time or not. The court will probably be reluctant to let you out of any child support agreement that easily.

You should also be aware that, even if your petition is successful, you will still owe any back child support that you have not paid yet. Do not think that your financial obligation will be wiped away because you gave up any rights to have a relationship with your child.

What If Someone Else Wants to Adopt My Child?

This is one situation in which it might be easier to give up your parental rights. If your former spouse has remarried and their new spouse wants to adopt your child, you can surrender your rights and stop paying child support. However, you have to remember that this also means that you are giving up any chance to make decisions about your child’s life, including education and healthcare-related matters.

Contact Our Family Law Firm Today

If you have any questions about child support or terminating your parental rights, you need to talk to an experienced family law attorney. Contact Townsend, Tomaio & Newmark and schedule a consultation. We can advise you on what your best options look like.

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