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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118200
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I am a mother and need advice on a legal matter. I received

Customer Question

Hi. I am a mother and need advice on a legal matter. I received summons from nj family court today for a hearing on matters of paying child support and health insurance
I had voluntarily terminated my parental rights in November 2013 for my two kids (now 7 and 5 years). Father of the kids absconded after our divorce. For few years after I raised the kids by myself and no support from anyone both financial and emotional. In 2011 dyfys of nj took custody of my kids as I was not to provide for them. I voluntarily gave up my parental rights so it's easier on kids and be able to put for adoption so they can find home and parents and raised well. Today after almost 18 plus months I received a notice from family court to appear for child support hearing. I had a temporary job in the interim and got fired mid April so I am jobless now. My questions are 1. Since court terminated my parental rights although I voluntarily surrendered am I obligated to pay for child support. And since I'm jobless and no income can they enforce me to pay it. What are my options. Any advice would help. And please don't judge.. this was a painful decision but I did it in my children's best interest.
Submitted: 2 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposed only.
Voluntary termination of parental rights without a court order of termination of support included with that is not going to relieve you of your legal duty to pay support, even if they are turned over to the state. The state can seek child support payments for the children until the children are actually adopted, despite you voluntarily terminating your parental rights.
I am quite sure giving your children up was the hardest decision you had to ever make and the fact you did it for their best interests is admirable.
If you have no job and income, they will generally assign the minimum child support amount with is typically about $50 a week, but the court can waive that if they find it is an extreme financial hardship. The court can also waive any past support payments as well based on your financial status.
Customer: replied 2 years ago.
There was a court order issued in November 2013 terminating my parental rights. It didn't mention anything about child support. This is the first time I'm hearing from the state in past 18 months about this. They are asking for a heating on child support as well as health insurance coverage for both kids. I had a job for year 2014 but got fired this year. At this time I don't have a job or means of income. Can the state back date my child support for year 2014 although I never got any notice from them or I
will it effective current after the hearing. How do I demonstrate that I don't have a job. Will a termination email from my employer suffice. What else can I do for the court to consider waiving the child support. Thanks I appreciate your time and kindness in responsding. I look forward to your reply further
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
I am afraid that if the court order terminating your rights did not specify terminating support obligations, you are still liable
You need to bring in your proof of termination, your unemployment information or the termination email from your employer.
Bring in proof of your rent and other costs to live as as well to prove your living needs to the court.
Customer: replied 2 years ago.
thanks for your response.
they cannot possibly back date the support obligation to last year. Can they?
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
They can actually go back to the date you gave them the children and try to ask for support from that time I am afraid.
In a case like your case, it is rare the court will agree to any support, but the state has to show they tried.