Step Parent Adoption and Child Support Arrears

[carson2011]

My question involves adoption law for the State of: Maryland.

My husband is signing a consent for his 4 yr old son to be adopted by the step father and has not spoken to an attorney, i am concerned about his child support arrears and whether the child's mother(ex-wife) could still enforce the arrears after the consent is signed and/or after the adoption is finalized? He owes approx. 13k.

It may also be helpful to know that in april 2010 they entered an agreement, signed by a notary, to drop the enforcement/garnishment of child support (the order remained) but the arrears were established before this occurred???

The agreement was signed as a promissory between the two parties as they planned to enter into an adoption, my husband in return signed agreement to drop proceedings for contempt/visitation enforcement.

[Mr. Knowitall]

Giving up parental rights doesn't automatically erase your past obligation to support your child.

We have no access to whatever it is that he has signed, and don't know what (if anything) mom would do to get the support arrears dismissed even if that's the agreement. If a state agency is trying to collect the money he owes and mom hasn't told them that the debt is satisfied, they'll keep on trying. If the money is owed to the state, not to mom, the state will want its money no matter what they sign.

[carson2011]

There is no money owed to the state and there is no collection or garnishment but the case is still open. Could she possibly sue him for the arrearages or reactivate the garnishment after the adoption? Should he just ask if she will send an additional paper signed stating she wishes to forgive all arrears upon the finalizing of the adoption?

[reale]

Did the mom file with the states child support service office? or was 'child support' signed and agreed through the two parties only?

[carson2011]

the support was ordered by a judge at a hearing that he wasn't aware of and then she went to the Maryland bureau of support enforcement to have his national guard checks garnished. then two years ago they signed and notarized an agreement about the adoption and stopping the garnishment and dropping the arrears. the garnishment was stopped but the ex wife cancelled her wedding and rescheduled it for this june '11. so the dates stated in the agreement do not match the actual dates that everything is taking place. no child support has been paid since the agreement in april'11 and prior to april '11 there was already a total of 13k in arrears. ( not because he is a deadbeat but because it took a year for the hearing to be set and then almost a year before the garnishment started. he was making $250 a month with national guard but she used his active duty pay to get support set at $680 a month).