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child support & adoption

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M

m.d.

Junior Member
What is the name of your state (only U.S. law)? TX
The mother filed for the biological father to pay child support Oct 2011. Both are young and students. The documents were not signed by the biological father due to pending 'changes'. No support has been paid to date. Now less than 90 days after her initial filing, the mother is asking for the biological father to 'give up rights' to the child so that when she gets married (soon?), her husband can adopt the baby without issue. The initial documents stated she waived all back support. The child is less than 2 yrs old.

Question: Can the mother waive all future child support from the biological father?

If yes, can that be changed if her situation changes (doesn't get married, later divorce of adopted father, death of adopted father, etc)

thank you-What is the name of your state (only U.S. law)?
 


M

mistoffolees

Senior Member
m.d. said:
What is the name of your state (only U.S. law)? TX
The mother filed for the biological father to pay child support Oct 2011. Both are young and students. The documents were not signed by the biological father due to pending 'changes'. No support has been paid to date. Now less than 90 days after her initial filing, the mother is asking for the biological father to 'give up rights' to the child so that when she gets married (soon?), her husband can adopt the baby without issue. The initial documents stated she waived all back support. The child is less than 2 yrs old.

Question: Can the mother waive all future child support from the biological father?

If yes, can that be changed if her situation changes (doesn't get married, later divorce of adopted father, death of adopted father, etc)

thank you-What is the name of your state (only U.S. law)?
Click to expand...
The mother can simply not file for child support. If she's not receiving state aid, no one is going to force Dad to pay.

However, child support can always be modified later when circumstances change. Of course, if she gets married and new hubby adopts the child, then she will no longer be able to collect CS from Dad.
 
M

m.d.

Junior Member
thank you. She did originally file for child support in Oct 2011, however it was not finalized, due to a pending change. So officially the state offices know of her initial request for child support. The change is now, probably heavily influenced by the soon-to-be husband, she's changing the request for child support & medical to I want nothing in exchange for signing over rights to the child so the soon-to-be husband can adopt and they can go on with their lives without interaction/issue with the biological father.
 
M

mistoffolees

Senior Member
m.d. said:
thank you. She did originally file for child support in Oct 2011, however it was not finalized, due to a pending change. So officially the state offices know of her initial request for child support. The change is now, probably heavily influenced by the soon-to-be husband, she's changing the request for child support & medical to I want nothing in exchange for signing over rights to the child so the soon-to-be husband can adopt and they can go on with their lives without interaction/issue with the biological father.
Click to expand...
He is not going to be able to simply sign away his rights. It just won't happen.

WHEN Mom remarries and if you are willing to adopt, Dad can sign over his rights at that time. Until then, he will probably owe child support.

You will need an attorney to handle the adoption, but it's probably not going to happen until you and Mom have been married for a while. Talk to an attorney.

Before doing so, make sure you understand the consequences. If you adopt the child and then you and Mom split up later, you could end up owing child support until the child is 18 - or longer. And Mom needs to be aware that if the two of you split up that YOU could end up having custody and Mom could be the non-custodial parent. Unless the two of you are willing to live with those consequences, adoption is a terrible idea.
 
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