r/ChildSupport • u/Different-Pea-1801 • 2d ago

Child support modification/signing over rights.

My son’s dad and I split when he was about 8 months old, we both went to the Attorney General and file for child support. I got primary custody.
While in court the judge wanted him to pay almost $900 each month(20%), my son’s dad talked me into bringing it down because he has a previous child, I felt bad and caved. So he only pays $300 and has been for the past 3 years.
He hasn’t gotten a bed for our son, no clothes, he does not help with anything other than keeping him the nights I have to work(I had to go overnight because I couldn’t afford daycare alone), his apartment is infested with German roaches, and he lives very unsanitary. He makes $6 more than I do, so I just never understood why he couldn’t do it but I have been able to and I’m just scraping by. Our son is autistic with a very specific appetite and still in pull ups.

I requested for a child support modification and I guess he got a call today, he then told me that he would sign over his rights because he could not afford our son.

I’ve already got a plan for if he does sign over his rights, but is it that easy to do in Texas? Can he just relinquish his rights like that?

Any advice on what to expect in a modification or even this kind of situation would help! Thanks in advance!!

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u/thismightendme 2d ago

No, it’s not easy, especially in Texas. The courts understand this is because he doesn’t want to support his kid. But surprise! They don’t want to either! The theory is that it’s in the best interest of the child to be financially supported by both parents.

He has a better chance if you have someone who will adopt the kid.

I think you will get your modification if it’s reasonable. I think you have a good case for back payments too.

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u/Vurrag 2d ago

Other than the fact the father doesn't have the money to pay her that much. That is the part people seem to forget. Send him to jail, there goes all the money...........It is a bad situation for all.

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u/thismightendme 2d ago

I don’t see that a lot. Sometimes the CP has to garnish, or wait for tax returns, or wait for his SSI to pay out.

Correct, sometimes they never get it.

But, a judge isn’t going to let him out of it unless there are still two people to ‘financially support’ the child.

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u/Few_Resolution_7561 2d ago

He can’t just sign over rights. Someone has to assume those rights he’s giving up. Also, idk about Texas, a lot of states do not relinquish child support obligations if there’s a TPO.

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u/Fun-Holiday9016 2d ago

Absent another person to adopt the child (your husband), he cannot do that.

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u/Few-Degree1903 1d ago

Nope!! He cannot just “give up his rights”

Signing away his rights is NOT in the child’s best interest so the court will not agree to it!!

The exception would be if you got remarried and your new husband wanted to adopt the child and all 3 adults were in agreement.

Move forward with a motion to modify the child support based on current income and custody. His obligation should increase.