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Legal question, Google failed me

Anonymous
Posted by Anonymous
  • 6 Replies

If say John Doe was served papers asking that the man who is now married to his ex wanted to adopt John Doe's children, and the papers said exactly this:

Your petitioner avers that there exists no other Orders of Court regarding custody, visitation or access to the adoptee other than the child support order entered in the Circuit of Court of (County, State and case #).



Does this mean that John Doe will have to continue paying child support, or does it mean he will need to just pay off arrears?

Posted by Anonymous on Nov. 27, 2012 at 3:41 AM
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Replies (1-6):
mommyof11050307
by Platinum Member on Nov. 27, 2012 at 3:42 AM

If you adopt a child the cs stops but I'm pretty sure they have to pay the back cs. I know my gfs ex husband has to and we live in tx. Shes going to get all of his tax return for the next 4 or 5 years. Hes like 20k behind. 

Anonymous
by Anonymous 2 on Nov. 27, 2012 at 3:43 AM

Not 100% sure I fully understand but I believe if a parent's rights are terminated and a stepparent adopts, then the bio parent that lost their rights no longer has to pay child support. Is that what you were asking?

As for owed child support - I don't know how that would work in such a situation.

babylove041810
by on Nov. 27, 2012 at 3:44 AM
If he signs the papers he is signing away his rights completely. He will no longer have any visitation rights whatsoever. There will be no future child support payments to make either. However he will have to pay any back pay he still owes.
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sheramom4
by Ruby Member on Nov. 27, 2012 at 3:44 AM

From my understanding of what is written there, it means that the only past order entered into the court was one for child support. They always ask about past orders in case there is an existing visitation schedule prior to an adoption.

Anonymous
by Anonymous 1 - Original Poster on Nov. 27, 2012 at 3:52 AM

yes, I had googled it but it kept saying there are cases where people do have to continue child support. I know that 'John Doe' will still owe the arrears, that's understandable. I just wanted to know exactly what the ex and new husband are seeking out. It's not made clear if child support will cease or continue.

Quoting Anonymous:

Not 100% sure I fully understand but I believe if a parent's rights are terminated and a stepparent adopts, then the bio parent that lost their rights no longer has to pay child support. Is that what you were asking?

As for owed child support - I don't know how that would work in such a situation.


MamaSusieQ045
by Silver Member on Nov. 27, 2012 at 4:00 AM
As far as I know ( if I'm wrong I'm sorry hun)
If the new husband adopts the child the bio father isn't responsible for any new child support after the child is adopted, but they are still responsible for past due amounts.


Quoting Anonymous:

yes, I had googled it but it kept saying there are cases where people do have to continue child support. I know that 'John Doe' will still owe the arrears, that's understandable. I just wanted to know exactly what the ex and new husband are seeking out. It's not made clear if child support will cease or continue.


Quoting Anonymous:

Not 100% sure I fully understand but I believe if a parent's rights are terminated and a stepparent adopts, then the bio parent that lost their rights no longer has to pay child support. Is that what you were asking?

As for owed child support - I don't know how that would work in such a situation.


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