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  1. #1
    Join Date
    Jan 2008
    Location
    Alabama
    Posts
    114

    Default How Does Child Support Order Get Stopped Once Parental Rights Have Been Terminated

    My question involves child support in the State of: North Carolina


    The mother petitioned the Court & had parental rights terminated, we are in possession of the Order which does not say a word about the current child support order. A request has been made for a hearing date to have the child support order modified/terminated, and the hearing has been set for over a month from now. How can they continue to withhold child support for this child if the rights are terminated, and what would happen to the money they take out between now and the hearing date?

    FYI there is a second child support order in place on other children, the father has been told that any extra money taken out would go to the mother in that case, but there is no arrearage so I don't see how they could send her more than she is ordered to receive.

    Any insight would be much appreciated!

  2. #2
    Join Date
    Jan 2006
    Posts
    25,693

    Default Re: How Does Child Suppor Order Get Stopped Once Parental Rights Have Been Terminated

    you're doing what you need to do. CS is not predicated on parental rights. It is determined by parental responsibility and is a separate situation. Pay the support for the month and ask the courts if you can get it back when you get in to court.

    if any additional monies are paid on the other account, all that would do is make dad ahead in his payments. When all this gets cleared up, he would have a positive balance on his account so I would think he could short the next payment that much and still be up to date but do not take this action without verification from the CS office. They seem to have their own methods of accounting.
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

  3. #3
    Join Date
    Jan 2008
    Location
    Alabama
    Posts
    114

    Default Re: How Does Child Support Order Get Stopped Once Parental Rights Have Been Terminate

    Thanks for the insight, it's a complicated situation, I normally do not support a parent having their rights terminated, but in this case it really is best for all involved. This is my brother in-law's situation, so I am trying to help them get some clarity, and you have helped with that. Thanks again!

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