Obligation to Pay Support Arrears After Adoption

[tscott]

My question involves child support in the State of: Georgia

My husband adopted our son, the biological father(no longer) just found out about the adoption. He was court ordered after the adoption to pay child support. The order for adoption was in a different county as the child support. I told the NCP, that after I take the adoption papers to the child support office he wouldn’t; have to pay I don’t think and if he did it would only be 8 yrs. of back support (the age of the child) or however long the case was open with the child support office. Did I tell him correctly for the state of Georgia? Would he have to pay anything?

[Dogmatique]

How was he ordered to pay child support for children who are no longer his?

Are you talking about arrears from a previous order?

Who does he owe - you, or the State?

[tscott]

He was order to pay childsupport the day after the adoption. I was on assistance for maybe 6 months but that was 4 years ago

Hi Dogmatique: you helped me earlier..

[Dogmatique]

He'll likely still owe the state, and they generally don't negotiate.

I do think you're on the right track - go with him (if possible) and take the papers to CSE. He MIGHT need to actually file a motion in court to have it dismissed/modified. But try CSE first.

(Hi !)

[tscott]

I don't want to sound rude or mean, but I won't do anything to help him. In 8yrs that was the first order ever in place. I will drop off the paper work to the child support office of the order that's it

[jk]

How or why did the bio father not know of the adoption yet it was so easy for the state to take him to court for support? Generally it is mandatory a parent, even an absent parent, be notified, or at least an attempt to notify is made, prior to a court allowing an adoption. Were his rights ever terminated in the past?

I would think the fact he was not aware of the adoption a bigger problem than the bio father being ordered to pay CS.

Did you live in the county that has now demanded CS when on welfare and now live in the county where the adoption took place?

[tscott]

The NCP never stayed in contact with the child, we have lived in the state for five years and hasnt seen him he was three. He has called about 20 times in 8 yrs. it came down to puting a notice in the newspaper. The NCP father didnt know where he was nor had a phone number.

[jk]

yet the county had no trouble finding him.

Things that make you go hhmmmm.


while you lay out a situation that might lead to a determination of parental abandonment, there are also a few problems as well.

He has called about 20 times in 8 yrs.

I presume the child is 8 years old. If the father continued some contact, that may have removed the possibility of parental abandonment.

The NCP father didnt know where he was nor had a phone number.

If you moved or changed your phone number, the onus is upon you to provide the new information to the father. Do you think he is supposed to hunt you down and somehow obtain your phone number?

I really hope you used a lawyer for this adoption. If not, you have made a lot of statements that might allow for the father to challenge he termination of his rights and allow the adoption of the child.

I'm not trying to condemn you for the actions nor say they were improper. All I am saying is that if you did not take the necessary steps for this adoption, the father may be able to challenge it. Since he is now expected to pay child support for a time past, who knows how he will react. If you failed to dot every I and cross every T, he might be able to have the action reversed.

[Dogmatique]

I'm getting the distinct impression that Dad has posted either here or elsewhere. This is a Georgia case, yes?

OP, did you in fact use an attorney?

[tscott]

What do you mean posted here. On this form?