Are Child Support Arrears Due Even After Adoption

[curious01]

My question involves child support in the State of: Alaska

My sons bio father had a balance remaining at the time of my husband adopting him. Is the previous balance due still owed to me and my son even after the adoption is granted? Because 5 years after the adoption I received a lump sum payment out of no where which I believed I was owed and cashed it. Now year 7 the state is saying I owe that money back. Was there a mistake should I fight this? I called the main office and asked hypothetically and they said previous balance is still due from bio parent to me even after adoption but my case worker says different anyone know for sure? I am so confused. ?...

[llworking]

My question involves child support in the State of: Alaska

My sons bio father had a balance remaining at the time of my husband adopting him. Is the previous balance due still owed to me and my son even after the adoption is granted? Because 5 years after the adoption I received a lump sum payment out of no where which I believed I was owed and cashed it. Now year 7 the state is saying I owe that money back. Was there a mistake should I fight this? I called the main office and asked hypothetically and they said previous balance is still due from bio parent to me even after adoption but my case worker says different anyone know for sure? I am so confused. ?...

Do you have any idea where the lump sum came from (the originating funds)? Its more than a bit odd that the state is demanding it back 2 years after giving it to you. Do you have any more details you can provide?

[jk]

Were you ever on state aid?

[curious01]

Do you have any idea where the lump sum came from (the originating funds)? Its more than a bit odd that the state is demanding it back 2 years after giving it to you. Do you have any more details you can provide?

Yes I was on assistance after the birth of my child and the state started to collect from bio father at that time. That is where the checks come from. So they are asking for their portion and his back I think 40% goes to them. They are saying that since he was adopted any payment after the adoption is not mine to keep. So the payments they sent were not supposed to be sent. But I still was owed $6000.00 before the adoption and that is the amount that was sent (a little less) to me so they were just sending me my previous balance. Which I thought I was still entitled to.

[jk]

they are due to be repaid just like if the child was not adopted unless they forgive what is owed to them.

But I still was owed $6000.00 before the adoption and that is the amount that was sent (a little less) to me so they were just sending me my previous balance

but were they ever repaid the total amount they were supposed to be paid? They have a senior lien on anything collected from the father.

They are saying that since he was adopted any payment after the adoption is not mine to keep.

that is not true in circumstances not involving the receiving parent having been on welfare. When you receive welfare, the state is entitled to be repaid for the benefits you received. They typically do this by taking the support payments the NCP makes with any amount above what they calculate they paid to the CP being sent to the CP. If the NCP was delinquent in their payments for that period of time, then there is a balance owed to the state. If child support is later collected from the NCP, then the state is entitled to take what is owed to them from those payments.

given that these payments were made 7 years ago I would strongly suggest looking into what, if any, statute of limitations may apply. It might be beyond any time allowed to now make a claim against you. If nothing else, it would be inequitable to make a claim at this late date which may also be able to be used as a defense to repaying the state.

[curious01]

The state receives the payment from the bio father and takes their share then sends me the amount owed after receiving their share. So they have already been paid their share from money from the bio father so why would they ask for money from me to repay what the father already paid to them? I guess my main question is...

If there was a unpaid balance due to me before my husband adopted my son, after the adoption shouldn't I still be owed that previous balance? The debt cant just be wiped clean from before the adoption can it?

BTW thank you for your help!

[jk]

You would be correct. The money would be yours if the state had no claim on it for some reason.

Was the father paid current during the time you were on welfare? That is the only reason I can imagine why they would have a claim to the money.