Relinquished Parental Rights 1995 Court Decree,(ex-wife also wanted), now ex-wife wants back child support, Can she do this?

[cjbusybee]

In 95, in our final divorce Decree, state of Alabama: the court paperwork states , neither party will pay child support.  The custody, visitation and support section states that the husband furter agrees to relinquish all parental rights to the minor child--- he has not paid child support and has not seen child for a period of greater than one year.  The husband shall not pay child support to the wife.  

This is all notarized and stamped by the court in AL in the final Divorce Decree.  She now wants to file for back pay in excess of 30,000, when this is something she wanted me to do (relinquish rights) in the first place.

since this is court ordered, can she sue for back pay and child support?

[nosonew]

Did you post on the Socrates board?  He is the legal advisor here.  Read his instructions first. (give story, then number your questions) and he should be able to help you out.  

Personally, I think she is SOL.  You have a court order that states you are not obligated to pay cs., therefore, you aren't.  My arguement (were I you) would be that she didn't want you in her life, therefore, she didn't want you in child's life, so rather than put child in the middle of a very bad situation, you chose to remove yourself for child's benefit. With the distinct provision that you were not financially responsible.  

For her to come back, years later, it outrageous!  I won't say she WON'T win, because I have seen stranger things happen, but she SHOULDN"T WIN based on the facts.  You may need a very good, aggressive attorney.

Good luck and keep us informed!

[Peanutsdad]

Most of here have seen that kind of phrasing in others decrees,, and typically, it comes down to no back support orderd,, BUT a lot of the custodial parents DO obtain a cs order to have the ncp begin paying.

[cjbusybee]

Thanks for your comments:  She is trying to get $40,000 for Back pay, I figured she might be able to start cs; but then cant we go after visitation, or for that fact custody if she wants to change the parental rights?  or is a relinquishment a relinquishment Decree and ordered by the court.