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  1. #1
    Join Date
    Jul 2008
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    1

    Unhappy Divorce with an Adopted Child

    My question involves child support in the State of: Texas

    My ex wife has a daughter from a previous relationship. When she and I got married, I legally adopted her daughter. Her daughter's biological father terminated his parental rights and paid a lump child support sum of $50,000 to my ex wife. My ex wife and I had a daughter together during our marriage. We have since divorced. In our divorce decree, the state of Hawaii granted us joint physical custody of both girls, with no child support from either party at any time. Since that time we have taken turns- a year or so at a time- having physical custody of the girls.
    We have both now relocated to Texas - living in different parts of the state. I received a letter in the mail stating there's a court hearing for child support this coming Monday morning. 1- Don't we have to have the entire custody order changed before they order child support? Since our court order from Hawaii gives us joint physical custody with no child support? and 2- Am I responsible for paying child support for her daughter that is NOT biologically mine? Especially since her biological father paid a lump sum of child suppport when she was younger?
    Please help- I have no money for a lawyer and this hearing is approaching fast. I want to be able to go into court as prepared as possible.

  2. #2
    Join Date
    Jun 2008
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    It depends...
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    Default Re: Divorced with Adopted Child

    First, your adopted daughter IS your daughter. You are just as legally responsible for her care, as you are for your other daughter. The lump sum payment may have been a payment for child support arrears, not for future support.

    If there has been a change in circumstance, then the mother is entitled to ask for a change in the original order. That is, if the financial situation for either of you has changed, then it's not unreasonable.

  3. #3
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,773

    Default Re: Divorce with an Adopted Child

    Quote Quoting texasdad75
    View Post
    1- Don't we have to have the entire custody order changed before they order child support? Since our court order from Hawaii gives us joint physical custody with no child support? and 2- Am I responsible for paying child support for her daughter that is NOT biologically mine?
    1. The custody order will be modified since it contains the provision for CS in it. The custody itself does not have to be changed, just the CS portion of the order.

    2. The day that your adoption was finalized you became your daughter's father- with all of the rights AND responsibilites. You do have to support her even though you are not her biological father, you are her legal father.

    Although your original agreement was for no CS, either parent can at any time go to court and request CS be ordered, that's just the way the law works.

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