Father Doesn't Have to Pay Child Support after Terminating His Parental Rights
 -
My Blog

Father Doesn't Have to Pay Child Support after Terminating His Parental Rights

 
This Newsflash comes directly from the Albuquerque Journal. The link is below. This is an important news story as it changes a major understanding of the law.
 
Court: Father doesn’t have to pay child support
 
Scott Sandlin / Journal Staff Writer
 
His parental rights were terminated in 1990 Doña Ana caseA man whose parental rights were terminated after allegations of mental and physical abuse does not have to pay more than $117,000 in court-ordered child support for his two children, the state Court of Appeals has ruled.Judge Michael Bustamante, writing for a unanimous three-judge panel, concluded termination of parental rights severs the parent-child relationship completely – including the support obligation.The ruling came in the case of a Doña Ana County couple who married in 1984 and divorced in 1990. The father was ordered to pay $600 a month in child support payments for the couple’s two children.Three years later, the mother sought to terminate her ex-husband’s parental rights based on allegations of mental and physical abuse. The father didn’t show up for the hearing, and the district judge noted that the children had “witnessed horrific violence and mayhem to those they love.”The judge also noted the father had kidnapped the children and taken them to Texas for 10 months in 1990 without letting them have any contact with the mother during that period.The District Court said the children would not be damaged if they never had contact with the father again and granted the termination request. The November 1993 termination order made no mention of child support.The mother applied for aid from the state Human Services Department. HSD collected some $7,620 from the father and the mother continued to press for unpaid child support.In 2010, District Judge Michael Murphy of Las Cruces ordered the father to pay $117,502 in past due child support plus interest, for a 14-year period from 1994 through September 2010.The father appealed and the Appeals Court reversed Murphy’s order, noting that the state statute dealing with termination of parental rights was far from clear.The mother argued the law dealt with the rights of the parent, not a parent’s duties toward a child, so a child’s “inherent right to support from the parent persists” even after parental rights are ended.The father argued that if the Legislature had intended a continuing duty of child support, it would have explicitly said so.The Appeals Court said that revisions to adoption law, made part of the Children’s Code in significant 1985 revisions, removed reference to a parent’s “duties and obligations” post-termination.“The question is whether the changes in language … reveal a legislative intent to continue support obligations after termination of parental rights. We conclude that they do not,” the Appeals Court said.“Such a significant change,” it said, “would seemingly require definitive action by the Legislature.”Bustamante’s opinion says termination of rights is meant to end the connection forever.“The Legislature had no intent to change the fundamental nature and effect of an order terminating rights when it amended the Children’s Code in 1985,” the ruling said. “The fundamental and terrible act of severing the parent-child relationship cuts off all connection between them except as specifically excepted by the Legislature.”The court said its analysis looked at historical changes in laws “that reflect an evolution of attitudes toward the parent-child relationship and the problems posed by abused, neglected and delinquent children.”Judges Cynthia Fry and Michael E. Vigil joined in the opinion, which reverses the lower court.

19 Comments to Father Doesn't Have to Pay Child Support after Terminating His Parental Rights:

Comments RSS
fashion design on Saturday, January 04, 2014 2:42 AM
Thankx for more info.
Reply to comment
 
Stock Tips Today on Thursday, August 13, 2015 2:46 AM
The Appeals Court said that revisions to adoption law, made part of the Children’s Code in significant 1985 revisions, removed reference to a parent’s “duties and obligations” post-termination


Lipozene on Tuesday, February 04, 2014 3:34 AM
I harmonize with your conclusions and will thirstily look forward to your approaching updates.
Reply to comment


Lipozene on Thursday, February 06, 2014 11:05 AM
Amazing article. I am so impressed. Could never think of such a thing is possible with it...I think you have a great knowledge especially while dealings with such subjects.
Reply to comment


www.odbierzbonus.com on Tuesday, March 11, 2014 2:56 AM
Nice layout!
Reply to comment


Hydroxycut on Thursday, May 01, 2014 1:58 AM
It’s amazing how interesting it is for me to visit you very often.
Reply to comment


SlimQuick on Thursday, May 01, 2014 11:52 PM
always has really good posts and topics please keep it up! loads of blogs are going under lately from lack of new posts etc
Reply to comment


Lipozene on Saturday, May 31, 2014 6:05 AM
I honestly think you would have fully sold me on the idea had you been able to back up your premis with a substantial bit more solid facts.
Reply to comment


Diet Pills on Saturday, May 31, 2014 6:05 AM
Always has really good posts and topics please keep it up! loads of blogs are going under lately from lack of new posts etc
Reply to comment


best diet pills that work on Tuesday, June 10, 2014 7:41 AM
This is a great website, keep the positive reviews coming.
Reply to comment


Lipozene on Wednesday, June 25, 2014 7:50 AM
Great site. I add this Post to my bookmarks.
Reply to comment


Slim Quick Review on Friday, July 11, 2014 12:06 AM
It’s amazing how interesting it is for me to visit you very often.
Reply to comment


Lipozene on Saturday, August 09, 2014 10:02 AM
Always has really good posts and topics please keep it up! loads of blogs are going under lately from lack of new posts etc
Reply to comment


Weight Loss on Tuesday, August 12, 2014 5:29 AM
I believe that you recognize how to construct people pay attention to what you have to pronounce, particularly with a concern that’s so vital. I am pleased to suggest this blog.
Reply to comment


Phentermine on Thursday, September 11, 2014 9:06 AM
thanks ..i have bookmarked it already
Reply to comment


Lipozene Glucomannan on Friday, September 12, 2014 8:54 AM
I honestly think you would have fully sold me on the idea had you been able to back up your premis with a substantial bit more solid facts.
Reply to comment


essays writing in australia on Friday, December 22, 2017 12:52 AM
There are some parents who have terminated parental rights for their children. Parents must care about their children. They need to give all rights to their children. So, children will be happy and they will be mentally and physically fit.
Reply to comment


Renu Das on Friday, August 10, 2018 2:26 AM
Renu Das Kolkata Escorts Services has gorgeous females provides Independent Escorts Service in Kolkata call girls at 100% satisfaction with VIP models. Provided Kolkata escorts at our agency are professional in nature and are eager to serve you at your place. Kolkata Escorts Kolkata Escort Escorts in Kolkata Escorts Service in Kolkata Female Escorts in Kolkata Independent Escorts in Kolkata Kolkata Escorts Escorts in Kolkata Escorts Service in Kolkata Female Escorts in Kolkata Independent Escorts in Kolkata Kolkata Escorts Kolkata Escorts Kolkata Escorts Kolkata Escorts Kolkata Escorts Kolkata Escorts Escorts in Kolkata Escorts Service in Kolkata Female Escorts in Kolkata Independent Escorts in Kolkata Kolkata Escort Kolkata Escorts Escorts in Kolkata Escorts Service in Kolkata Female Escorts in Kolkata Independent Escorts in Kolkata Kolkata Escort Kolkata Escorts Escorts in Kolkata Escorts Service in Kolkata Female Escorts in Kolkata Independent Escorts in Kolkata Kolkata Escort Kolkata Escorts Escorts in Kolkata Escorts Service in Kolkata Female Escorts in Kolkata Independent Escorts in Kolkata Kolkata Escort Kolkata Escorts Escorts in Kolkata Escorts Service in Kolkata Female Escorts in Kolkata Independent Escorts in Kolkata Kolkata Escort Kolkata Escorts Kolkata Escorts Gurgaon Escorts Delhi Escorts Call girls in Kolkata Kolkata Escort Escorts in Kolkata Escorts Service in Kolkata Female Escorts in Kolkata Independent Escorts in Kolkata Kolkata Escorts Kolkata Escort Gurgaon Escorts Escorts in Gurgaon Escorts Service in Gurgaon Female Escorts in Gurgaon Independent Escorts in Gurgaon Delhi Escorts Delhi Escorts Escorts in Delhi Escorts Service in Delhi Female Escorts in Delhi Independent Escorts in Delhi Gurgaon Escorts Escorts in Gurgaon Escorts Service Female Escorts in Gurgaon Independent Escorts in Gurgaon Delhi Escorts Delhi Escorts Call Girls in Kolkata Escorts in Kolkata Escorts Service in Kolkata Female Escorts in Kolkata Independent Escorts in Kolkata Kolkata Escorts Kolkata Escorts Kolkata Escorts Kolkata Escorts Kolkata Escorts Kolkata Escorts Kolkata Escorts Kolkata Escorts Kolkata Escorts Kolkata Escorts Kolkata Escorts Kolkata Escorts Kolkata Escorts Kolkata Escorts Kolkata Escorts Kolkata Escorts Kolkata Escorts Rajarhat Escorts Escorts in Rajarhat Escorts Service in Rajarhat Female Escorts in Rajarhat Independent Escorts in Rajarhat Rajarhat Escorts Howrah Escorts Escorts in Howrah Escorts Service in Howrah Female Escorts in Howrah Independent Escorts in Howrah Sealdah Escorts Escorts in Sealdah Escorts Service in Sealdah Female Escorts in Sealdah Independent Escorts in Sealdah Newtown Escorts Escorts in Newtown Escorts Service in Newtown Female Escorts in Newtown Independent Escorts in Newtown Belgachia Escorts Escorts in Belgachia Escorts Service in Belgachia Female Escorts in Belgachia Independent Escorts in Belgachia Ultadanga Escorts Escorts in Ultadanga Escorts Service in Ultadanga Female Escorts in Ultadanga Independent Escorts in Ultadanga Barrackpur Escorts Escorts in Barrackpur Escorts Service in Barrackpur Female Escorts in Barrackpur Independent Escorts in Barrackpur Kalighat Escorts Escorts in Kalighat Escorts Service in Kalighat Female Escorts in Kalighat Independent Escorts in Kalighat Sonarpur Escorts Escorts in Sonarpur Escorts Service in Sonarpur Female Escorts in Sonarpur Independent Escorts in Sonarpur Kalyani Escorts Escorts in Kalyani Escorts Service in Kalyani Female Escorts in Kalyani Independent Escorts in Kalyani Ballygunge Escorts Escorts in Ballygunge Escorts Service in Ballygunge Female Escorts in Ballygunge Independent Escorts in Ballygunge Gariahat Escorts Escorts in Gariahat Escorts Service in Gariahat Female Escorts in Gariahat Independent Escorts in Gariahat Baguiati Escorts Escorts in Baguiati Escorts Service in Baguiati Female Escorts in Baguiati Independent Escorts in Baguiati Kaikhali Escorts Escorts in Kaikhali Escorts Service in Kaikhali Female Escorts in Kaikhali Independent Escorts in Kaikhali Naihati Escorts Escorts in Naihati Escorts Service in Naihati Female Escorts in Naihati Independent Escorts in Naihati Kolkata Escorts Kolkata Escorts Kolkata Escorts Kolkata Escorts Kolkata Escorts Gurgaon Escorts
Reply to comment


http://descargarandroidapks.com/es/descargar-you-tv-player-gratis/ on Saturday, August 18, 2018 7:27 AM
http://descargarandroidapks.com/es/descargar-you-tv-player-gratis/
Reply to comment

Add a Comment

Your Name:
Email Address: (Required)
Website:
Comment:
Make your text bigger, bold, italic and more with HTML tags. We'll show you how.
Post Comment
Website Builder provided by  Vistaprint