Signing over rights and child support (Tennessee)

This is a discussion on Signing over rights and child support (Tennessee) within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; Please do not judge this story until you read the whole story in Tennessee. My husband was pulled over a ...

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Old Sep 10th, 2013, 04:54 PM   #1
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Confused Signing over rights and child support (Tennessee)

Please do not judge this story until you read the whole story in Tennessee. My husband was pulled over a few years back for speeding and went straight to jail for unpaid child support. Problem was we had been married for years and I was pregnat with our third child and he tried to explain to the officers his children where at home with his wife they must have had him mixed up with someone else. Of course he sat in jail until Monday when he saw the judge and then we found out he had a child out there he did not know about with a woman he was briefly with. Blessed the woman actually stood up to the judge and owned her part telling him that my husband did not know about the child and she did not want him to have anything to do with the child or pay child support. She signed up for government asst. and the state was pursuing it. Long story short the court ordered a DNA test months later and it came back positive to be my husbands child. The court ordered him to pay back child support on a child he knew nothing of and did not consider his children at home ordering 650 a month. We hired a top notch attorney and years of wrapped up in court because he wants to see the child and the mother does not we ran out of money. My husbands health then turns bad and we have to live off my income alone which a teacher doesn't make much of anything. Mind you this child was 10 when this started and she is now 16. The mom calls out of the blue today wanting him to sign over his rights to his child. My question is will he still have to pay back child support or any child support? I am not trying to sound hateful by any means because trust me I have been by his side from day one spending all our money to try and get visitations with this child and when he can't work pay the child support myself but we have to send it to the state because when we send it to the mother she sends the money back AND years tied up in court he owes back child support. But, I do not think it is fair to the good people who do try. We have sunk in all our money and our kids at home do without a nice home because of it being on his credit. We did pay a lump sum and almost had it paid off at one time but since she won't let him see her and her attorney prolonging things it caused more debt and just a headache. What to do?
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Old Sep 10th, 2013, 05:25 PM   #2
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Default re: Signing over rights and child support (Tennessee)

Since she was on state benefit the money is owed to the state. However he should have been served prior to it all, ignoring those is a bad idea.

Nothing will erase his arrears, and he cannot just give up his rights and stop paying. He can certainly choose not to be an involved parent, but he must still financially support his child.
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Old Sep 10th, 2013, 05:53 PM   #3
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Default re: Signing over rights and child support (Tennessee)

I wish to inform you that your husband may file a petition in the court for modification of child support and child support arrears. He may show to the court that his financial condition has changed and therefore the child support and child support arrears may be modified to a lower amount. He may also request that any back support ordered prior to establishment of paternity may be reduced from the amount owed. The court always considers the best interest of the child. The court will consider all the facts and decide the matter. He may self represent to save on costs or hire an attorney. Regarding signing over of parental rights he will stay pay child support till the child is adopted or is a major.

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