Still payind child support AFTER the adoption?

Question

I found out i had a kid. He is 4 years old. I have never met him, etc. But i am paying child support.

The mother of the child is married, and wanted her husband to adopt the child. I agreed. Plus, i wouldnt have to pay any more child support.

The adoption was finalized a few months ago. I called her lawyer, and they asid teh adoption has already been finalized. However, i am still paying Child Support, because the motehr of the child never told the Child Support Division that her husband has now adopted teh child.

I tried to call the Child Support Division and tell them that her husband adopted. They said they only way they can stop the child support charges each month is if she brings them a copy of teh adoption. But, she hasnt done that yet. I am being charged for something that should have stopped months ago, she has failed to tell them the truth.

I havent even been sent a copy of the adoption papers yet. Her lawyer said that she was supposed to send a copy, i never it

Answer 1

You will have to sue her for over payment. Call and turn her in for fraud , especially if she is getting welfare. Because she must not be claiming his income if she wont turn it into them.

Go to her attorney and tell him she has never gave her a copy.... its your right to get one. If he wont give you one get an attorney,  and go to the circuit court and file to have a child support adjustment, and then tell the judge, let him slam her.......  At this point she is STEALING from you. As her to give the money back to you until you can get into court.

Answer 2

get a lawyer fast

Answer 3

Get a copy of the adoption order at the court house (or her attorney) and then take it to the State Child Support so they can stop the current child support.  

However, you will most likely be responsible for the back child support (the first 4 years that you did not support the child - especially if the mom was receiveing any type of public assistance for that time).  Do this as quickly as possible because until you get it settled, you will keep getting charged the current.  After you provide a copy of the adoption papers, then keep calling the Child Support Division every week until it gets changed to be just the arrears (back child support).

Answer 4

Look in the phone book under Legal Aide.  Get an attorney to write a letter to her attorney demanding (politely!) a copy of the Adoption Decree.  Your rights wold have had to have been terminated in order for this adoption  to take place.  Did you sign a Waiver?  If you know county in which this adoption or termination hearing took place, you can ask for a copy through the Court Clerk's office, as well.  They may help you.  Plead you case to them and ask for help!

Good luck!

Answer 5

Her lawyer shoudl have sent you copies, hes passing the buck. I suggest you get your own lawyer on teh matter.

Answer 6

you would have to sign away your  rights in order for your son to be adopted right? then how in the world can you still be making child support payments? there has to be some record of you signing your rights away...do whatever you need to do....

do they continue to take child support out if you are behind? IF that's the case then MAYBE that's why they are still taking it out...i'm just guessing.....call an attorney....

Answer 7

It is not her job to send you copies of anything.  That would be her attorneys job.  I find it very odd that her attorneys office would refuse to provide the biological father a copy of finalized adoption papers.  If they don't do this, then you may need to get your own attorney.   You could possibly be paying "back" child support....meaning from the time of the childs birth- until his adoption was final?...  You should have a copy of any child support order that was issued as well.  I can't believe someone could get child support out of you, w/out having shown you a court order for it.  If you don't have these documents then you're not handling your business very well.

Answer 8

I would get a lawyer and have your lawyer contact your wife's lawyer. If she is receiving child support from you after the adoption that would be illegal and she will probably have to pay all money back since the time of adoption finalization.

Answer 9

Take her to court and have the judge ORDER her to send then, and the judge should also make them pay you back the money you have paid since the adoption went through.

Answer 10

Call her lawyer again and ask him to send you a copy. The lawyer must have it.

Answer 11

Did you sign any paperwork to terminate your parental rights?  If so, you should be able to forward a copy of that to the Child Support Division.  I would suggest speaking with an attorney who can direct you the best way.  If she is committing fraud by still taking the child support, you should be able to fight her.

Good luck to you.

Answer 12

You would have had to sign relinquishment papers.  Through those, adoption records can be found by the court.

Answer 13

I would call Legal Aid in your state and let them know what is being done. Ask them if there is anything they can do to help. I don't understand why she wont have her attorney send a copy of the adoption papers to you. That should have been the second thing done after the adoption went through. Good Luck!!

Answer 14

Have the lawyer either mail or fax you a copy of the Final Judgment of Adoption or go to his office and  politely demand a copy. Then take it to the Child Support Enforcement agency and show it to them immediately.  The mother of the child is a thief.  You gave up your rights so her hubbie can be the daddy and you should not have to have paid one dime upon the signing of the adoption judgment. If you cannot get a copy of the judgment from the lawyer, then go to the courthouse and tell them the case number (or the names of the parties involved--including the child's) and ask for a copy of the Final Judgment.  It should be a matter of public record  or if adoption files are confidential, since you are one of the people involved, you should be entitled to a copy. Many courts these days have family law divisions.  Go there and tell them that you need the document to end your wage garnishment.  Also, make sure that you get a CERTIFIED copy of the judgment. Then make a copy for yourself before you give it to Child Support Enforcement.

Answer 15

Take her to court - let the judge settle it, you may get your last few months of child support back - but be nice and respectful or the judge maybe not be so nice, they tend to favor women over men cause of all the dead beat dads (glad you are not one)

and im sorry she is taking advantage of you - get your lawyer to talk to her lawyer get a copy of the adoption papers for your records as well

good luck

Answer 16

The thing is she would have to actually sign something saying that you have no rights at all to the child in leu of paying no child support.  If you havent seen this document the chances of you getting screwed over RIGHT NOW are very high.

Answer 17

stop paying...what will happen is you guys will be forced to go to court..and she will be required to show up and you can get it all sorted out..it might not be the right way but its a way (my boyfriend had to do it that way so he could see his kid) next is petition the court...set up a court hearing in which both of you are to attend and if you have any documentation then bring it....hope this helps in any way!!! good luck!! make sure the next time you have unprotected s*x its someone your ok with having a kid with and there is a ring on her finger first so none of this happens again!!!!

Answer 18

you should have signed something and could show them what you sign if you got a copy of it. I hope you did.  If not, go to the court house where the adoption should have happen and ask for the records

Answer 19

Do you have a lawyer?  Now would be a good time to get one if not.

I'd hope there is law that would require her to pay you back for the months since the adoption was legalized.

Good Luck.

Answer 20

I would consider contacting her attorney and asking for a copy of the adoption papers.  That way maybe you can submit a copy of them to the child support division.  If he/she won't release the documents to you, provide the address and contact information for the child support department and see if her lawyer will send them to the child support department for you.  You might want to offer to pay for the cost of copying and mailing to make them more likely to send it on your behalf.

It seems like once you get them that you should be able to be reimbursed retroactively to the point when the adoption was finalized.

If all this doesn't work, see if you can contact the probate court and get copies of the documents (the adoption was likely finalized at the probate court...and if not, they'll be able to tell you who to contact).

Answer 21

Get a lawyer.  They are goodtiming on your paycheck.  I would't have it if I were you.

Answer 22

Keep GOOD records of every cent that she has received since the adoption was finalized.  

I doubt the adoption is finalized because that is one of the steps involved in the process of finalizing it.  Her lawyer (not her) should have sent it.  Check with your lawyer, but I believe that when you signed the paperwork to terminate your parental rights, you were no longer required to pay child support.

Answer 23

You should not be paying child support if the child wasadopted.  You also should have signed some papers allowing your parental rights to be terminted (hope you saved a copy).  You need to get an attorney (I realize the cost involved, but it will be less money than paying child support for the next 14 years).  You will have to sue her for the money that has been paid after the adoption was finalized (unless she is willing to just pay you back.....???)  Good luck