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Good evening. I would be happy to try and assist with answering your question. No where in the Alabama Child Protection
Act does it suggest that termination of parental rights terminates the obligation to pay child support. A custodial parent
has no right to child support, but merely receives support on behalf of the child whose right it is. A judgment terminating parental rights immediately and permanently severs the parent’s rights to custody, control and affiliation with the child. If it was determined that a termination of parental rights terminated an obligation to support, in many cases it could require children to depend on the state and that may be far less remunerative than child support to which they would otherwise be entitled. A parent has an obligation to provide support. The state has guidelines which clearly take into consideration each party’s ability to provide support. Alabama law actually holds that the only events that terminate child support are the child’s reaching the age of majority
, the emancipation
of the child, the adoption of the child, and the death of the child or the obligor
parent. Case law has previously
provided that a parent remains obligated to pay child support even when the parent has no custodial rights and the children refuse visitation, or even when the non-custodial parent has no contact with the child. The duty to pay child support and the right to exercise visitation are not interdependent. With that being said, a Judge would not likely terminate and go along with any agreement between you and the father to not have to pay child support, since it is a right of the child, not a right of the father to give up on behalf of the child.
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