Supreme Court Rules Parents Must Still Pay Child Support Even When Parental Rights are Terminated

The West Virginia Supreme Court has ruled that abusive or neglectful parents who relinquish their parental rights are still required to make child support payments.

In two separate cases, two fathers argued that their responsibility to pay child support ended when their parental rights were terminated. However, the Supreme Court ruled that "child support obligations are not only responsibilities parents owe to their children, they are also rights which belong to children."

The court emphasized that it operates in the best interest of the children, which is what must always be considered when making legal decisions in regards to child custody or child support.

The fathers involved the two cases argued that a 2006 amendment to a state law relinquishes them from their duties. But the Supreme Court said that if lawmakers intended to eliminate a parent's financial obligations after his or her rights were terminated they would have drafted legislation that said so explicitly and clearly.

To learn about the child support laws in your state, click here to find a family law attorney near you!