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  #1  
Old 02-27-2009, 02:36 AM
exdad
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Default Termination of Parental Rights

Three years ago my ex-wife gave up custody of our daughter to CPS. They then convinced me that it was in the best interest of my daughter to do the same. They said that I didn't need an attorney because they had the Attorney General. I was told that they would word the termination papers to say that, "any and all debt and obligation , completly and forever", would keep the state from coming after me on a disputed back child support amount. Not only did I lose my lic. but CSE now has opened a new case against me saying that I must follow the court ordered child support or I'm going to jail. I had a good business that I lost and haven't worked in three years, my daughter is now 17, but I read somewhere that they can keep coming for 5 years after that. I tried to explain to them that I'm not the legal father anymore and the court says that the case is closed, they don't care. Anything I can do about this? At the time that they ask me to terminate I was paying current and back support.

Last edited by exdad; 02-27-2009 at 03:21 PM. Reason: wrong word
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Old 03-01-2009, 05:51 PM
moderator moderator is offline
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Have you browsed through the information in LawInfo's Free Legal Resource Center to learn more about your issue yet? See: http://www.lawinfo.com/consumer.html. You should certainly try to speak to a lawyer to determine what legal options may be available. In the meantime, you may be able to learn more on your own. Search the "Free Legal Resources" tab, or browse the Consumer Resources. Good luck.
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Old 03-04-2009, 11:23 AM
exdad
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I tried the links that you suggested and found a number of articles relating to Child Support and some relating to Termination of Parental Rights, however I did not find anything that pertains to my situation. I did find out that the State of Idaho does not have any law that defines whether, "completly and forever", "any and all debt and obligation", starts at the time that the order is signed and continues from that day forward, which is what CSE tried to tell me.
Since back support is a debt and current support is an obligation, I believe that CPS, who had custody of my child at the time understood what they had said to me and worded the termination according to that conversation.
I watched the videos and they state that you can not terminate to get out of paying support which I didn't. I terminated at the request from CPS that I do it voluntarily because they believed with all the fighting, ten years of my ex taking me to court, was harmful to the child.
Since the obligation of child support stops when termination takes place, and debt cannot occur in connection with the child after termination takes place, I believe that the "debt and obligation" would stand for, "current and past", and "completly and forever" means just that.
I don't know why the AG didn't add, " from this day forward", if that is what they had intended.
Attorneys want between 2500.00 and 5000.00 WAY beyond what I could pay
Some one on a blog said that I should contact the UCLA as my civil rights were violated when CPS said that I didn't need my own Attorney because the AG in Idaho represents us both.
Not sure what to do now as this is a very different case, and there does not appear to be alot of laws written to deal with this situation. Do you have any other links? or info? Thank you for your response
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Old 03-04-2009, 05:11 PM
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No, I am sorry, I don't have any other links. You could contact the state bar in your state and explain what happened and they may be able to point you in the correct direction. Good luck.
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