Child Support | Termination of Parental Rights Doesn't end Obligation

In a case for publication, In Re Beck, decided March 4, 2010, the Michigan court of appeals held that the termination of parental rights arising out of a neglect or abuse case does not end a parent's obligation to pay child support.

The father whose parental rights were terminated argued that the trial court violated his due process rights by providing in the termination order that his “[c]hild support and other support for the children shall continue.” He did not appeal the termination order itself.

The court of appeals disagreed, stating that the essence of a procedural due process claim is fundamental fairness and that the propriety of such a support order presented a legal question of statutory authority.  Because the father had had notice and a meaningful opportunity to be heard before an impartial decision-maker, the court of appeals affirmed the trial court's decision. 

The father also raised a claim that his rights to substantive due process were violated. However, because he failed to  show that the action was so constitutionally arbitrary as to shock the conscience, the court of appeals rejected this claim.

The court's decision turned on the definitions of the words "rights" and "responsibilities" in the statute, giving the words their plain and ordinary meanings, and enforcing the statute as written.  The court refused to read into the statute language that wasn't there. The court stated that a "right" is "a power, privilege, or immunity secured to a person by law" and a "responsibility" is a liability.  That said, the COA stated that rights and responsibilities are distinct. The responsibility to pay child support and the retention or exercise of parental rights are not interdependent. Rather, unless there is an adoption (and that was not the case here), an order terminating parental rights does not terminate the parent's obligation to support the child. Thus, in this case, the order terminating the respondent's parental rights but requiring him to continue to pay child support was proper because a child has the right to receive financial support from his parents and a court may enforce that right by ordering parents to pay child support. That right cannot be bargained away by the parents. 

The duty belongs to both parents, thus a child’s parents are jointly and severally obligated to support him unless a court of competent jurisdiction modifies or terminates the obligation or the minor is emancipated by operation of law.

Download In re Beck, COA Docket No 293138, 287 Mich App 400 (2010) here.

The Michigan Supreme Court Opinion affirming the Court of Appeal is discussed here.

 

Comments

[Jeanne M. Hannah]

At some point in time, MiSDU will start grabbing the federal tax refund, but his wife can get her portion of the refund back if she files a form stating that the child support is not her obligation.

[Lydia]

My son's father does not work he will quit his job when they start deducting from his pay check so he finds jobs that pay him under the table but he is married so I guess my question is can I collect from his wife who supports them she is Head of house hold

[Jeanne M. Hannah]

Yes, parents remain responsible for child support. Courts will not terminate parental rights unless there is neglect, abuse or a step-parent adoption.

[Cassandra]

If the parent filed the motion, not the courts, to terminate their own parental rights and the courts granted it, are they still obligated to pay child support?

[Jeanne M. Hannah]

Errin, please give me a call. I have an idea about what might work for you. As you've likely figured out, termination of parental rights doesn't work if you can't prove both non-support and lack of parent/child relationship. But this sounds like a way to motivate you to make an agreement with him. I can help you resolve this. Jeanne

[Errin]

I have a question, My Daughters father has not ever taken her or seen her since she was born and now she is almost 8 years old. He now wants to get his parenting time.My husband and I have been raising her and she knows nothing of him. Can I file abandonment on him if he is paying child support?? and if he has had visition right since she was born and never take her is there a way I can stop them. And how can my husband adopt her?

[Jeanne M. Hannah]

Belinda, all cases are decided on the specific facts of the case.

[Belinda]

So, does that mean that if a father's parental rights are terminated by the court in Michigan, the mother of the child can still file for child support? Or would this be on a case by case basis? (assuming this couple was never married)...