Termination of Parental Rights
82.10.d Grounds for Termination-Child Support 7B-1111(a)(3)
In
Re O.C. and B.C., COA04-923, Katherine Chester for appellant-mother
The mother had never been asked to pay child support as DSS recognized she had
no ability. Failure to pay child support as grounds for TPR is therefore error
as there was no evidence presented of mother's ability to pay for children's
care and there was no willfulness on her part in not paying child support.
COA
Opinion
In
Re D.M.Jr., COA06-1128, Robert Ewing for appellant-father
Since the trial court itself specifically suspended the Respondent-father's
child support payments and permitted him to not make support payments, it cannot
now conclude that the Respondent-father willfully failed to pay child support
for the child.
COA
Opinion
In
Re C.D. and L.H., COA06-1262, Thomas Kakassy for appellant-mother
The mother's status as a minor prevented her from having 'willfulness' necessary
for TPR grounds of neglect, 12 months, and child support.
COA
Opinion
In
Re J.J., T.A.J. and T.E.J., COA06-1299, Duncan McCormick for appellant-mother
The trial court erred by finding that the mother willfully failed to pay a reasonable
portion of the children's cost of care. The trial court erred by not acknowledging
the financial assistance mother provided directly to the children's caregivers
during the relevant time period and the trial court failed to determine whether
she had the ability to pay more than she did.
COA
Opinion
In
Re A.H., COA 06-1709, Annick Lenoir Peek for appellant-mother
During the relevant time period, the mother was legally incompetent and receiving
disability payments. The trial court erred in failing to consider that Respondent-Mother
had no ability to pay and did not willfully fail to pay child support during
the relevant time period.
COA
Opinion
In
Re D.N., COA08-870, Michael Casterline for appellant-father
The trial court erred when it concluded that the grounds for 7B-1111(a)(3) had
been established without making any findings regarding the father's ability
to support his children.
COA
Opinion