Correlation of Child Support and Termination of Parental Rights

My question involves child support in the State of: OK
When parental right are terminated by an ex spouse, does that stop ALL rights to the child and ALL responsibility of parent whose rights were terminated? My friend just found out his parental rights were terminated in 2002. He is currently paying child support and recently received a letter from the child support division, stating his total arrears due is still accruing.. with interest. After obtaining a copy of the judgement from the court clerk in Ok.. we see the judge order that child support due was the total due up to the date of the judgement in 2002, and that his parental rights were terminated. Everyone is telling him that child support can't be gotten after rights are terminated. He understands he is liable for the amount to the yr 2002 as stated in the judgement, but what about the 9+ additional years and compounding interest, that DHS is after?

Your friend needs to find out whether or not his parental rights were actually terminated. Or whether he simply lost custodial rights. There is a huge difference.

Why hasn't he done anything during these 9 years? (Yes, the court might want to know)

Long story short..He was young, stupid, and immature. 6yrs ago he did see his ex, and his 2 sons. Ex never mentioned anything about his rights. Then 2yrs ago, his oldest son, who was 23, came to stay with him for several months. He just received the copy from the clerks office in OK on friday...exact words on the judgement are ",therefore the parental rights of the Plaintiff, natural father, his name, are hereby terminated.

He needs an attorney - this is a mess.

It's true that once the parent's rights are actually terminated, there is no future obligation for support. However it doesn't wipe any arrears that built up before that.

That aside, are you trying to say that his rights were terminated without notification? How were they terminated? A step-parent adoption?

The notification consisted of a 3 day publication in the classified section of local newspaper where the ex and the children lived. Father did not live there. When letters from DCS started arriving, I began doing some research on the computer, finding a website that shows all the court actions taken place with their divorce in 1995. Upon reading these items, which were all standard from a divorce, there was also 3 items listed from 2002. The only info it had was Motion for Publication Notice, Proof of Publication & Journal Entry of Judgement. So I called the clerk court and asked if she could tell us what the publication was.. She couldn't but said she could mail a copy. So that is what was received Friday, Journal Entry of Judgement and a copy of the notice than ran in the newspaper in the classified ads. Assuming no adoption took place, the oldest came to live with his father as an adult, and still carries the same last name, and childrens mother never remarried.

It is possible, depending upon the laws of any given state, for a parent whose rights are terminated to remain liable for child support. The rationale is that if a parent engages in neglect or misconduct to the degree that a court deems it appropriate to terminate parental rights even without a stepparent adoption, that parent should not get an economic benefit.

That's true - if this parent for example had been found to have abandoned the children to the degree where an involuntary TPR took place, I could see that being the case.

I think he needs an attorney if he's to stand any chance at getting this fixed.

Im almost positive they have to pay what they owe in back child support....but after thats paid its like they never even had a child unless he takes it back to court....But now this is in NC....u mite wanna ask

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Quoting Khloesmommy1013

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Im almost positive they have to pay what they owe in back child support....but after thats paid its like they never even had a child unless he takes it back to court....But now this is in NC....u mite wanna ask

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Did you read the previous responses?

Spoke with 3 different attorneys yesterday, and got 3 different answers. One says the termination of rights was not legal if he (father) didn't agree and sign the papers, even though I explained that a publication notice was done and proof was in my hand with judges order & signature. 2nd says child support and interest continue to accrue. 3rd says child support due up to the date of termination of rights only, none after that day. So I still know nothing for certain. Gonna be difficult for him to choose a lawyer from 1000 miles away, when you get different answers from each one. I really don't understand how three attorney from the same state, have different answers to the laws of that state.