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  1. #1

    Post Adoption And Past Child Support Obligations

    I have an exwife from another state. She left me when our son was born. She took him without my permission. She kept herself hidden so it was not possible to find her. Years later I find out that she is remarried & has two other children by her husband. Child support services contacted me some months ago. They wanted me to pay child support to pay back the state my exwife lives in. This child support case is only until my son reaches the age of 18. She was on Welfare for some time. Her state tried to get Child support services over here, to not only pay child support from my 13 year old, but to also pay back an aditional 3 years prior. Long story short, my exwife wants her husband to adopt my son. Based on what I know about their marriage & that my son sees her husband as his father, I agreed. When this adoption is final in September, what happens to my child support order?

  2. #2
    Join Date
    Feb 2007
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    2,031

    Default Re: Adoption/child support question

    Quote Quoting moonlief73
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    I have an exwife from another state. She left me when our son was born. She took him without my permission. She kept herself hidden so it was not possible to find her. Years later I find out that she is remarried & has two other children by her husband. Child support services contacted me some months ago. They wanted me to pay child support to pay back the state my exwife lives in. This child support case is only until my son reaches the age of 18. She was on Welfare for some time. Her state tried to get Child support services over here, to not only pay child support from my 13 year old, but to also pay back an aditional 3 years prior. Long story short, my exwife wants her husband to adopt my son. Based on what I know about their marriage & that my son sees her husband as his father, I agreed. When this adoption is final in September, what happens to my child support order?
    Since it is the State you will have to continue paying....This is a real sad situation...Sorry about your child...

  3. #3

    Default Re: Adoption/child support question

    Sorry if I seem dense, but your answer did not clarify my question. I have been told that the child support order should end. If her state was refused back child support, & we both stipulated to child support from when my son is 13 to 18, what ground does anyone stand on when I am no longer the legal father?

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
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    28,906

    Default Re: Adoption/child support question

    She means, the state will continue to want you to pay the money you owe to it under the support order.

  5. #5
    Join Date
    Feb 2007
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    2,031

    Default Re: Adoption/child support question

    Quote Quoting aaron
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    She means, the state will continue to want you to pay the money you owe to it under the support order.
    Thanks Aaron...That is what I meant!

    Sorry moonlie for being so vague!!

  6. #6

    Default Re: Adoption And Past Child Support Obligations

    So what your saying is the state was refused back support at first, but when the adoption takes place, suddenly back support is okay?

  7. #7
    Join Date
    Jul 2006
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    5,437

    Default Re: Adoption And Past Child Support Obligations

    You owe child support until the day your parental rights are terminated.

  8. #8

    Default Re: Adoption And Past Child Support Obligations

    Once the adoption takes place do I not go to court & terminate my parental rights?

  9. #9
    Join Date
    Apr 2007
    Posts
    541

    Default Re: Adoption And Past Child Support Obligations

    Your parental rights will be terminated to allow the adoption. From the date of TPR, you will no longer owe any ongoing child support from that date. However, you WILL continue to owe any child support that was ordered BEFORE the date of TPR.

    So, say you have been ordered to pay $100 since January 1. Your date of TPR is September 1. If you are not up to date on your child support, you will owe $800 (or whatever potion you have not paid).

    She has no control over whether or not the state demands back support to pay the outstanding debt. So, if the state is going for retroactive support, then yes, you will owe that.

    Does that help?

  10. #10

    Default Re: Adoption And Past Child Support Obligations

    Thank you for answering my questions. I appreciate it. There must be a culture of non-custodial parents who go into arrears. Luckily I have been afflicted with an OCD that forces me to pay my bills on time. If I am late on a bill, I get physically ill to the point where I need to go to the hospital to get a shot to take away the nausea. I have never been late with a child support payment. Up to date with everything. I will give a more detailed account of my case. After my ex-wife took our son, she went on Welfare. Years later, they contact me through child support services here in California. They wanted child support for my son today plus payment for three years prior. Child support services here refused their request for three years prior, but enforced a current child support order. I stipulated to paying child support. My ex-wife's state stipulated to a current child support order. But they needed my ex-wife to sign her version of a stipulation. She dragged her feet during that process. She knew that if she signed those documents, I would want to see my son. So she & her husband went over to the adoption agency to prepare an adoption of my son by her husband. Some months later when child support services over here was about to close the case based on a no cooperation claus or something, my ex-wife signed the stipulation. She asked me if I would agree to the adoption. I said, so long as it was what my son wants & I am not being taken advantage of, I would sign the adoption papers. During the months that my ex-wife stalled signing the stipulation, I was in fact obligated to pay an already mounting arrears. I paid the arrears plus current payments all in full. I will never be late on my payments. My question was only if her state could try to come at me for back child support that was never ordered on me in the first place once this adoption & TPR is finalized. Not to mention that they were already refused once & stipulated to current child support. Otherwise I am in full compliance with all child support payments.

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