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#1
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Back Child Support after Step-Parent Adoption.
Hi all
My wife just finalized step-parent adoption of my daughter. The bio-mother whose right was terminated still owes me almost $30,000.00 in back child support (it was Court-ordered). Will the office of Attorney General still take my case even my daughter was adopted? or Do i have to hire a private attorney to do this? |
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#2
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Quote:
Best of luck in receiving any back child support. My ex adopted my oldest also. And her B-father owed back child support. I never received any of it. I guess it depends on the state you reside in. But according to UTAH law, they say that children only need one father, so since my Ex was going to adopt my daughter, they closed the account for my daughter's B-father that owed unspecified amount of back child support. (By the way, My EX and I were married at the time we started the adoption papers.) GOOD LUCK! Keep us informed. |
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#3
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I'm not sure where you live, but in Texas, the Attorney General will continue to keep the case. I'm going through a contested adoption, and my attorney and the Attorney General said they will continue to collect. Good Luck.
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#4
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Same here... anything owed before the adoption would still be owed!
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#5
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I live in Texas. I filed my case with OAG's office online and they've already sent me more forms to fill out. They're going to move on with this case regardless my daughter was adopted. I will keep you guys updated as I hear anything from OAG.
If she wants to hide and run from back child support, that's fine. But I will make sure her picture stays on this list of evaders (well she's not on here just yet.. but you can take a look at some of dads/moms). :P http://www.oag.state.tx.us/evaders/e...p?newer=Latest Last edited by joeyfoley : 04-26-2006 at 06:02 PM. |
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#6
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Update. OAG found bio. 2 months after we filed the application, the wage ganishing is now in place. We got a 1st check from her last week! OAG said I'm supposed to keep up with the payment -both amount and regularity of payments - if she started to fall behind, all I need is to call OAG to report/complain. If she gets 6 months behind now, then they will pursue legal action against her.
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#7
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Ok, I know this is probably going to really tick people off, but it totally confuses me. I've got to say it.
If the bio parent is NOT the parent anymore, and the adoption has taken place, thereby making the adoptive parent the REAL Mom/Dad.... why do you even want or feel that the prior parent should pay it? It seems hypocritical to the whole idea and concept of the step-parent adoption in the first place. With this ideology, birth parents who have TPR'd should still be paying child support to the adoptive parents. I honestly do not get it. I'm coming from a place here where my DS has had NO contact from his bioD in YEARS and while a formal adoption is not complete, my DH IS his dad - in everyones eyes. That makes his care OUR responsibility... not the MIA X-dad. In Texas, I tried and tried to get the AG office to terminate the collection and STOP forwarding them. They wouldn't. So for a while we just returned them unopened. Then it stopped for a long while, and then we got dozens of checks all at once - also returned. Now it has stopped again. ::shrug:: I suppose the argument might be that "the money is for the care of the child"... well, kids don't come into the world with 3 parents - just 2... and my DS HAS 2 parents providing for him. It would be akin to taking money from my next door neighbor for his care. I apologize in advance for ruffling any feathers but seriously - I just DO NOT get it. At All. |
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#8
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The bio does not owe any future child support but she/he is still responsible for back child support. Also don't get confused here- the money goes to the Custodial Parent -myself. Not to my wife - adoptive parent.
I agree with OAG's policy - OAG will still collect the back child support with interests added every year until the bio pays every penny off. We, Custodial Parents, did everything for kids without bio's help. What if they could write off their balances just because kids got adopted? What is the point of having OAG if they don't have to pay a penny after all? They could just run and hide until the kid gets adopted-until the balance is written off. I find it encouraging that the system is in place so that the bio like my ex STILL is responsible for whatever she owes - she had every chance to modify the amount but never did. Why? Because she's the type of person who can leave a child behind and move on. My wife and I have raised my child for last 6 years while the bio was running around partying, never visited the child, and ignored the court ordered child support for the while time. What is the justice here? I can tell you that we're so glad that we finished the process of adoption. And we're very proud of ourselves for gathering info and studied the court system. Let's not forget that it was not free- yes, adoption is expensive - as well as raising a child. So why let the bio go free? That's what I want to ask. |
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#9
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If the bio is "let to go free" as a parent, where is their financial responsibility, thats my question.
Either they ARE a parent or they AREN'T. I know that your view is the most common and popular one. It's also true that most kids w/ deadbeat parents ARE NOT later adopted by a step or otherwise. I still stand by my confusion and think that the situation (not yours in particular, just the whole thing in general) is the antithesis of all that adoption truly means. |
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#10
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Well yes, the child is born with 2 parents. The one who is the dad is your eyes is not the one who the DNA test is going to say is the dad. Plus your eyes.. and the person in that role may not be seen as the dad to the child later. Or the child could acknowledge that he or she has a biological father and a step father...
You wishing him away will not change the fact that he is, in fact, your child's father. (Boy I wish that wishing thing worked! LOL!) While and adoption does replace his name and falsify a peice of paper... it doesnt change your childs genetic make up. Even with the name erased the other person is still, in fact, the childs biological Mother or Father. The adoption replaces the financial responsibility from that point forward.. but even if you dislike, or dont want anything from that person, until that peice of paper is falsified.. he or she is still responsible. And they should be heald as such. You shouldnt feel bad for accepting the checks. If you dont want them.. put them in savings for your child... |
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#11
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DS understands there is a bio - but does not in any way, shape or form consider him a "dad". He's never really known him as such.
We didn't "wish" him away - he just IS away... Never a presence of dad at all really. We don't feel "bad" about the checks - they just don't make any sense to us, or to DS who is nearly grown. We can't say on the one hand that that person is not the dad and then hold him to act like one (as if he ever did). I still say that step adoption is adoption like any other. I don't pay child support as the bio to my adopted childs aparents.... My DS's bio has no obligation to pay child support to this adopted child either. I'm not knocking any one for their way of handling it, just saying it doesn't make sense to me. |
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#12
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It is back child support owed. It isnt accruing...
It is a debt already owed. Maybe that clarifies. He/She owes for the time that he/she was legally responsible for their child. Im kind of at a loss as to why.. when everyone tries so hard to get non-custodial parents to be responsible and pay their support.. why there are some out there who want to fight that. If you dont want the checks.. put them in a drawer... or heck.. who doesnt need or want extra college money. There are many out there who would give anything to have what you have. Whether you hold him responsible or not... doesnt change the fact that he is legally responsible. |
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#13
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My situation isn't their situation. Theirs isn't mine. My situation handled differently wouldn't fix anything for anyone else. This is the absolute right thing for our family and situation. :::shrug::: I'm truly not bashing, just trying to understand where others are coming from. |
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#14
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Quote:
birth4mom3, wasn't sure if you were still posting here but thought I'd check anyway. Are you in Texas? Are you still trying to stop the payments? Just curious because I know it can be stopped legally through the oag's office. |
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