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Back Child Support

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sfoody123

Junior Member
We live in Chicagoland area, children in question in St. Louis Mo. My husband had two girls in first marraige, after nasty divorce and ex-wife tearing girls apart my husband did what she wanted and gave up custody. She in turn was supposed to wipe off old support owed as the girls were adopted by the new husband. Now we received notice that she is coming after him for the money. What I would like to know, is that now that they are not legally his, from what I heard, he isn't obligated for that past support, as they are unfortunately no longer his children, can someone advise what the legal point is? Thanks
 


sfoody123 said:
We live in Chicagoland area, children in question in St. Louis Mo. My husband had two girls in first marraige, after nasty divorce and ex-wife tearing girls apart my husband did what she wanted and gave up custody. She in turn was supposed to wipe off old support owed as the girls were adopted by the new husband. Now we received notice that she is coming after him for the money. What I would like to know, is that now that they are not legally his, from what I heard, he isn't obligated for that past support, as they are unfortunately no longer his children, can someone advise what the legal point is? Thanks
She may have agreed to do this but some judges don't feel that a mother has a right to terminate any back child support that is in essence her childrens birthright. Your husband should have followed them around until everything was finalized and made sure that the mother actually did this. If she didn't ask for it she didn't get it, and he could be on the hook for all of the back child support plus interest. Good Luck

P.S. did your husband get info on the adoption? the finalized papers? Anything in writing from the mother excusing his back child support?
 

sfoody123

Junior Member
sfoody123

She remarried 10 days after the divorce, nasty HORRIBLE woman who tore the kids apart. She said she would wave the back support, but could not sign that waver prior to the custody issue. Then after he did what she wanted, not what he wanted and allowed her new husband to adopt the kids, she reniged on the support and lied saying she never said that. So, unfortunately your saying that he is screwed and even though they are not his kids he will owe this money? disapointing, but good to know the truth, thank you.
 

Phnx02

Member
sfoody123 said:
She remarried 10 days after the divorce, nasty HORRIBLE woman who tore the kids apart. She said she would wave the back support, but could not sign that waver prior to the custody issue. Then after he did what she wanted, not what he wanted and allowed her new husband to adopt the kids, she reniged on the support and lied saying she never said that. So, unfortunately your saying that he is screwed and even though they are not his kids he will owe this money? disapointing, but good to know the truth, thank you.
Until the exact day the kids were legally adopted by the new husband, your husband was still legally their father and, thus financially responsible for them. He is not "screwed" - only responsible for his kids' support up until the day the adoption papers were signed and he handed over the responsibility to another man.
 

sfoody123

Junior Member
thank you

My husband is not a dead-beat, and honestly, was kept from his children by the witch for 3 years prior to the "legal" adoption. She switched daycares, moved, changed phone numbers and messed with the 2 & 3 year olds minds.

She used the children as pawns to punish him for divorcing her, and out of the unselfishness of his heart, he gave them up so they were not torn apart. I do realize there are dead beats, but he is truly not one. As if he was, I would not have married him. She is the bad one as a true MOTHER, doesn't use her children to punish her ex, as a mother, as long as he was not a harm to our son, I would never keep him from his dad. So I understand in your line of work you have a strong opinion, and on most accounts you are most likely correct, but you not morally on this one. Thank you for the clarification though.
 

djohnson

Senior Member
sfoody123 said:
My husband is not a dead-beat, and honestly, was kept from his children by the witch for 3 years prior to the "legal" adoption. She switched daycares, moved, changed phone numbers and messed with the 2 & 3 year olds minds.

She used the children as pawns to punish him for divorcing her, and out of the unselfishness of his heart, he gave them up so they were not torn apart. I do realize there are dead beats, but he is truly not one. As if he was, I would not have married him. She is the bad one as a true MOTHER, doesn't use her children to punish her ex, as a mother, as long as he was not a harm to our son, I would never keep him from his dad. So I understand in your line of work you have a strong opinion, and on most accounts you are most likely correct, but you not morally on this one. Thank you for the clarification though.

Just keep in mind there is more than one side to any story. If she really did keep them from him by moving and everything, it would have made it that much easier for him to get custody. As a parent I would fight to the death for my child. To give up even visitation would not happen. I think there is a lot more you need to know about the situation and I think deep down you may already know parts of it. Whey was he behind? Did he not want to support his children? Did he think she could raise them for free? To me it sounds like he sold them, especially since the agreement was kids for back child support. But to answer your question, he owes it, he has to pay it. If it wasn't in the order it doesn't matter what she agreed to.
 

Grace_Adler

Senior Member
To answer your question, many states, if not all, hold the parent responsible for paying the arrears after a TPR or adoption unless legally released from this obligation and it is perfectly legal and happens quite frequently for one parent to forgive the arrears, if there are any owed and the other terminate their rights and/or consent to the adoption. However, she did not legally release him from this obligation so he more than likely still owes it, unless the law says otherwise.

If you have a copy of the TPR or adoption papers, it should state on there whether or not the arrears are still owed. You can also check your state's website for the statutes, look for all state codes concerning adoptions, termination of parental rights and child support.

I'm of course assuming the arrears are owed to her and not the state for past public assistance, in which case the arrears are not normally waived.
 

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