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When a step parent adopts, what then happens with child support?

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J

Jbrannen205

Member
What is the name of your state (only U.S. law)? AL

First of all. I want to point out that this thread isn't to debate why I'm doing this. There are extenuating(sp?) reasons I've decided to go through with this, and that is that. I mean no disrespect.

Now with that out of the way, I'm the father of a child by a girl I was never married to. I've been paying child support for over 5 years now, and she has now been married for the legal amount of time to where her husband can adopt my child. I agreed to it, and her lawyer sent me the forms to sign and notarize, and send back to him. That is where I am now.

1) I can't see a reason why I'd need a lawyer for this. Is there any possible deception that could be cast upon me?
2) Will this process be automated for me after I mail the papers back to her lawyer? (ie- Will I have to do anything else, go to court, and will the child support automatically stop...or is that a seperate process?)


Thanks
 


M

momofrose

Senior Member
If you fully understand that your child will no longer be your child and you will be a legal stranger to this child and all that that encompasses..you probably do not need a lawyer.

Child support (current) would stop when the adoption is finalized. You should bring the finalized papers with you to the court or probation office to file for a motion to stop support based on the adoption.
 
Just Blue

Just Blue

Senior Member
momofrose said:
If you fully understand that your child will no longer be your child and you will be a legal stranger to this child and all that that encompasses..you probably do not need a lawyer.

Child support (current) would stop when the adoption is finalized. You should bring the finalized papers with you to the court or probation office to file for a motion to stop support based on the adoption.
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I have to disagree....It would be nuts if the OP didn't have an attorney addressing his interest.
 
Zigner

Zigner

Senior Member, Non-Attorney
If you have any arrears (child support), they would still be owed unless they are otherwise handled...
 
J

Jbrannen205

Member
I dont care about arrears it's not too much, I'm just wondering what, how and when the monthly child support will be halted.....What is this about going to court and filing a motion? Is that to imply it won't stop automatically? HOw long does the process take, does the mother and step father have to wait on a court date to finalize?
 
M

moburkes

Senior Member
Jbrannen205 said:
I dont care about arrears it's not too much, I'm just wondering what, how and when the monthly child support will be halted.....What is this about going to court and filing a motion? Is that to imply it won't stop automatically? HOw long does the process take, does the mother and step father have to wait on a court date to finalize?
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Yes, any adoption needs to be finalized. As long as you are the parent, you are responsible for child support, as you should be. You may also negotiate to have the arrears disappear as a condition of the adoption.

Having said that, it takes a special kind of person to abandon their responsibilities.
 
TheGeekess

TheGeekess

Keeper of the Kraken
Jbrannen205 said:
I dont care about arrears it's not too much, I'm just wondering what, how and when the monthly child support will be halted.....What is this about going to court and filing a motion? Is that to imply it won't stop automatically? HOw long does the process take, does the mother and step father have to wait on a court date to finalize?
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Read and educate yourself....

Code of Alabama
Code Of Alabama

Title 26 INFANTS AND INCOMPETENTS
Table of Contents for 19865

Chapter 10 ADOPTION OF CHILDREN.
http://alisdb.legislature.state.al.us/acas/CodeOfAlabama/1975/127565.htm

Chapter 10A ALABAMA ADOPTION CODE.
http://alisdb.legislature.state.al.us/acas/CodeOfAlabama/1975/127509.htm
 
F

Farfalla

Member
moburkes said:
Having said that, it takes a special kind of person to abandon their responsibilities.
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You know…. I take offense to this statement. It is pretty common here for people to trash any parent who decides to give up their parental rights and to allow someone else to adopt their child. In many ways he is not abandoning his responsibilities as he is giving them over to another man who will provide financially and emotionally. So he knows that his child will be taken care of. That is what adoption is about.

I have an adopted son. From your statement, I get the impression that you think that anyone who gives a child up for adoption is covered by your statement. You and I have no idea what the circumstances are in this case. For all you know, it is in the best interest of this child that the step father adopts her. We have adoption laws for a very good reason … sometimes adoption is in the best interest of the child.

I have a sister whose husband adopted her two children. Their father also gave up his parental rights so that the adoption could happen. Believe me those two boys were better for it. Now that they are adults they have contact with their birth father at their own choosing…. And the boys understand the situation and love both of their fathers. And they understand the limitations of the birth father and why he did what he did in their best interests. All is well that ended well.
 
S

Silverplum

Senior Member
Farfalla said:
You know…. I take offense to this statement. It is pretty common here for people to trash any parent who decides to give up their parental rights and to allow someone else to adopt their child. In many ways he is not abandoning his responsibilities as he is giving them over to another man who will provide financially and emotionally. So he knows that his child will be taken care of. That is what adoption is about.
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A=A. :rolleyes:

They aren't two different sentence clauses: they're the same thing.
 
Zigner

Zigner

Senior Member, Non-Attorney
Farfalla said:
You know…. I take offense to this statement. It is pretty common here for people to trash any parent who decides to give up their parental rights and to allow someone else to adopt their child. In many ways he is not abandoning his responsibilities as he is giving them over to another man who will provide financially and emotionally. So he knows that his child will be taken care of. That is what adoption is about.

I have an adopted son. From your statement, I get the impression that you think that anyone who gives a child up for adoption is covered by your statement. You and I have no idea what the circumstances are in this case. For all you know, it is in the best interest of this child that the step father adopts her. We have adoption laws for a very good reason … sometimes adoption is in the best interest of the child.

I have a sister whose husband adopted her two children. Their father also gave up his parental rights so that the adoption could happen. Believe me those two boys were better for it. Now that they are adults they have contact with their birth father at their own choosing…. And the boys understand the situation and love both of their fathers. And they understand the limitations of the birth father and why he did what he did in their best interests. All is well that ended well.
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Oh PUHHLEASEEE!
This "guy" has NO desire to "help" this child. The only financial thoughts he has are related to his OWN wallet. :rolleyes::rolleyes:
 
M

moburkes

Senior Member
Zigner said:
It doesn't matter...the subject of this thread is:
When a step parent adopts, what then happens with child support?
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I was coming back to respond, but you all did it well in my place. 'ppreciate it!

In any case, if 2 people aren't prepared for the consequences of sex, they shouldn't have it. It's a really simply concept. And, no, don't start in about forced sex and all that. I am not talking about that.
 
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