Results 1 to 4 of 4
  1. #1
    Join Date
    Aug 2007
    Posts
    29

    Default Ending Child Support

    My question involves child support in the State of: Florida

    This is an interesting question. The child was removed from her parents for child abuse and abandonment, and has special needs rendering her uninsurable (happened after the removal). She is in a permanent guardianship under F.S. 39.6221 and is covered by Medicaid. The guardians also receive a small stipend from the state that is of no concern.

    Both parents are paying child support, which is retained by the DOR as an offset to the Medicaid and stipend expense.

    The only right the parent's have is limited supervised visitation and the obligation to pay support.


    So we have three questions:

    1. If both parents voluntarily terminate parental rights, and the child is adopted, do child support payments end?

    2. In addition, can the child remain covered by Medicaid?

    3. Can there be a separate, enforceable, civil visit arrangement made not withstanding the termination of rights?

    Thank you,

    Granddad50

  2. #2
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,773

    Default Re: Ending Child Support

    Quote Quoting granddad50
    View Post
    My question involves child support in the State of: Florida

    This is an interesting question. The child was removed from her parents for child abuse and abandonment, and has special needs rendering her uninsurable (happened after the removal). She is in a permanent guardianship under F.S. 39.6221 and is covered by Medicaid. The guardians also receive a small stipend from the state that is of no concern.

    Both parents are paying child support, which is retained by the DOR as an offset to the Medicaid and stipend expense.

    The only right the parent's have is limited supervised visitation and the obligation to pay support.


    So we have three questions:

    1. If both parents voluntarily terminate parental rights, and the child is adopted, do child support payments end?

    2. In addition, can the child remain covered by Medicaid?

    3. Can there be a separate, enforceable, civil visit arrangement made not withstanding the termination of rights?

    Thank you,

    Granddad50
    1. Yes, current CS would end after an adoption. However, any arrears owed would still have to be paid.

    2. Yes, in Florida an adopted child who was adopted through the state automatically recieves medicaid until age 18, regardless of the new parents' incomes.

    3. I honestly don't know the answer to this, but I do know that Florida Judges hardly ever issue a court order for visitation for step parents, so it's unlikely that an order for former parents would be issued. Ask your attorney about it though the next time you speak to him/her.

  3. #3
    Join Date
    Aug 2007
    Posts
    29

    Default Re: Ending Child Support

    I don't know what a family court judge could do about a visit arrangement in the context of an adoption. But could one enter into a "contract" for supervised visitation that would be civil in nature, and enforceable by the regular court like any other contract for specific performance???

    Or would the parent's now terminated, be at the total mercy of the adoptive parents?

    There are some legal issues in that concept I do not fully understand.

    Granddad50

  4. #4
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,773

    Default Re: Ending Child Support

    Quote Quoting granddad50
    View Post
    I don't know what a family court judge could do about a visit arrangement in the context of an adoption. But could one enter into a "contract" for supervised visitation that would be civil in nature, and enforceable by the regular court like any other contract for specific performance???

    Or would the parent's now terminated, be at the total mercy of the adoptive parents?

    There are some legal issues in that concept I do not fully understand.

    Granddad50
    Yes, the former parents would be at themercy of the new parents.

    Basically, when a court terminates a parent's rights, they are legally no longer a parent. Only a parent can go to court and get an enforceable vistation order. When an adoption has been done, the adoptive parents become the ONLY legal parents with all of the rights that go with it, including the right to decide who visits thier child.

    1. Sponsored Links
       

Similar Threads

  1. Termination of Support: Ending Child Support
    By RAS in forum Child Custody, Support and Visitation
    Replies: 5
    Last Post: 10-21-2011, 09:01 PM
  2. Termination of Support: Ending of Child Support
    By stanblam in forum Child Custody, Support and Visitation
    Replies: 6
    Last Post: 06-30-2011, 10:32 AM
  3. Termination of Support: Ending Child Support
    By BEAR1963 in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 12-04-2008, 03:43 AM
  4. Termination of Support: Ending Child Support in Illinois
    By shadowlady in forum Child Custody, Support and Visitation
    Replies: 3
    Last Post: 06-25-2008, 04:50 PM
  5. Termination of Support: Ending Child Support Obligation at 18 or 21
    By NC Dad in forum Child Custody, Support and Visitation
    Replies: 2
    Last Post: 10-18-2006, 11:30 AM
 
 
Sponsored Links

Legal Help, Information and Resources