If You Sign Your Rights Away, Do You Still Have to Pay Child Support in WA?

Parents have a legal and moral obligation to support their children financially. In Washington State, the non-custodial parent is typically required to pay child support to the custodial parent. Basic child support is a monthly financial obligation determined based on the parental net income.

This raises an important question: if you sign your rights away, do you still have to pay child support? The short answer is that it depends on the specific circumstances.

Voluntarily terminating your parental rights doesn’t automatically end your child support responsibilities. In this post, the Spokane child support attorneys at Hodgson Law Office explain what you need to know about signing away your parental rights and the impact it can have on child support arrangements.

Can You Terminate Your Parental Rights to Avoid Child Support?

In Washington, you can’t simply relinquish parental rights to avoid your financial responsibilities to your children. Courts prioritize the best interests of the child, which almost always includes receiving financial support from both biological parents.

Terminating one’s parental rights is an extremely serious matter that judges don’t take lightly. It means permanently giving up all legal rights and duties related to your children, including the right to make decisions about their upbringing, education, and medical care.

This action is usually irreversible and should never be considered solely as a way to avoid paying child support, as it doesn’t automatically absolve an individual of their obligation to contribute financially to their child's upbringing.

The Risks of Voluntarily Relinquishing Parental Rights

Parents considering giving up their parental rights in an effort to avoid paying child support should be aware that the courts are highly unlikely to approve such an attempt.

Judges are well aware of this potential tactic and will carefully examine the reasons behind such a request. If the court determines that avoiding child support is the primary motivation, the petition will almost certainly be denied.

Child support and parental rights are separate legal issues, and a parent's obligation to financially support their child remains even if they’re not actively involved in the child's life.

Attempting to voluntarily relinquish parental rights to avoid child support is not only typically ineffective but may also reflect poorly on the parent in future legal proceedings. If you’re struggling to make child support payments, it’s better to explore legitimate options, such as seeking a modification of the support order or developing a payment plan.

Ongoing Financial Obligations After Terminating Parental Rights

Even if a parent succeeds in getting a court to terminate their rights, they may still owe child support arrears (past due amounts). The obligation to make future child support payments might only end in specific circumstances, such as when another person adopts the child, severing the legal parent-child relationship.

In cases of involuntary termination of parental rights, such as when there’s clear and convincing evidence of child abuse or neglect, the court may still require the biological parents to contribute financially by paying child support if it’s in the child's best interests, even if their parental rights have been terminated.

Washington Law on Terminating Parental Rights and Child Support

The laws governing the termination of parental rights and child support obligations are primarily found in the Revised Code of Washington. RCW 13.34.180 outlines the grounds for termination of parental rights, which include:

• Abandonment
• Substantial refusal to perform parental duties
• Conviction of a crime showing unfitness to be a parent
• Long-term mental illness or substance abuse that renders the parent incapable of providing proper care for the child
• Withholding basic necessities of life from the child
• Substantial psychological incapacity or abuse

Regarding child support obligations after termination of parental rights, RCW 13.34.200 states that a termination order doesn’t automatically relieve a parent of their duty to pay child support. The court may order the parent to continue paying support if it finds that doing so is in the child's best interests.

Alternatives to Terminating Parental Rights

If you’re having difficulty making your child support payments, there are alternatives you should consider before contemplating voluntary termination of your parental rights. They include:

• Requesting a modification of your child support order based on a substantial change in circumstances, such as job loss or decreased income.
• Exploring payment plans for child support arrears with the help of an attorney or the Washington State Division of Child Support.
• Seeking legal advice on debt-management strategies to better handle your financial obligations.

Remember, the court's primary concern is the well-being of the children involved. Judges are unlikely to approve the voluntary termination of parental rights unless there’s a compelling and immediate reason, such as the child being adopted into a stable, loving home.

Get Help from a Knowledgeable Child Support Attorney

Issues of parental rights and child support can be complex and emotionally trying. If you’re facing difficulties with your parental responsibilities or have questions about your rights, don’t make any decisions without seeking qualified legal guidance.

Contact Hodgson Law Office today for a confidential consultation with one of our experienced Spokane family law attorneys. We can help you understand your options, protect your rights, and find the best path forward for you and your children. Let us provide the support and advocacy you need during this challenging time.