Termination of Parental Rights Does not End Child Support Obligation
by Barbara Glesner Fines, Ruby M. Hulen Professor of Law, University of Missouri-Kansas City
In an unpublished opinion, the Illinois Supreme Court has held that the termination of parental rights does not extinguish a child support obligation unless the child is being adopted. Thus, a father whose parental rights are terminated must continue to pay support for a child in foster care. Relying on statutory language that refers to "a child sought to be adopted" the court held that merely being available for adoption is not sufficient to sever the responsibilities to the child. Three judges dissented. Illinois DHFS v. Warner, Ill., Illinois Supreme Court, January 25, 2008.
To view the opinion and for more information, go to the Family Law Prof Blog at http://lawprofessors.typepad.com/family_law/2008/02/case-law-develo.html