will step parent adoption modify child support

What is the name of your state? Oklahoma

I am pretty sure I will take some heat here, BUT I dont really care. So here is my question. My husband is planning on adopting my son. He has a son with his ex. I am just wondering, actually hoping, that when he adopts my son that his child support will be lowered. In case you are wondering his ex is money hungry! And no that is NOT the reason he is adopting my son. He is adopting my son because he is the only "Dad" he has ever known, and for health reasons. The lowering of child support would just be a BIG FAT PLUS! Any helpful information would be appreciated.
Thanks!!

chris549 said:

What is the name of your state? Oklahoma

I am pretty sure I will take some heat here, BUT I dont really care. So here is my question. My husband is planning on adopting my son. He has a son with his ex. I am just wondering, actually hoping, that when he adopts my son that his child support will be lowered. In case you are wondering his ex is money hungry! And no that is NOT the reason he is adopting my son. He is adopting my son because he is the only "Dad" he has ever known, and for health reasons. The lowering of child support would just be a BIG FAT PLUS! Any helpful information would be appreciated.
Thanks!!

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The Oklahoma child support calculator does not ask how many OTHER children he has, so my guess is no, his CS won't be lowered. Even when other children ARE considered, normally it only applies to children he had BEFORE the CO, not after.

ceara is right it doesnt look like OK gives credit for other children, so now it will not reduce his support to his other child.

some states do give credit for subsequent children but a lot don't.

http://www.okdhs.org/childsupport/PDF/CSGInstructions.pdf

The problem with using online calculators is that they do not reflect the law.

Oklahoma Statutes Citationized Title 43. Marriage Section 118 - Child Support Guidelines, sub paragraph (C):

C. The court shall not take into account any stepchildren of such parent in making the determination, but in making such determination, the court may take into account the reasonable support obligations of either parent as to only natural, legal, or legally adopted minor children in the custody of the parent.

BelizeBreeze said:

T
Oklahoma Statutes Citationized Title 43. Marriage Section 118 - Child Support Guidelines, sub paragraph (C):

C. The court shall not take into account any stepchildren of such parent in making the determination, but in making such determination, the court may take into account the reasonable support obligations of either parent as to only natural, legal, or legally adopted minor children in the custody of the parent.

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So his adopted child COULD be considered.

nextwife said:

So his adopted child COULD be considered.

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Although doubtful that in this particular situation the adopted child would be considered, unless there is a shared custody agreement, I posted this because people seem to depend far too much on online support calculators instead of the relevant statutes.

chris549 said:

What is the name of your state? Oklahoma

I am pretty sure I will take some heat here, BUT I dont really care. So here is my question. My husband is planning on adopting my son. He has a son with his ex. I am just wondering, actually hoping, that when he adopts my son that his child support will be lowered. In case you are wondering his ex is money hungry! And no that is NOT the reason he is adopting my son. He is adopting my son because he is the only "Dad" he has ever known, and for health reasons. The lowering of child support would just be a BIG FAT PLUS! Any helpful information would be appreciated.
Thanks!!

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First of all, biodad has to agree to let hubby adopt the kid.
What has health reasons got to do with who is the kid's "dad"????

My sons biological dad does not and has not had much to do with him. He has agreed to let my husband adopt him. My health has everything to do with it because when I am no longer here I want my son to be taken care of the way that he has been. His life will be turned upside down enough and I would like him to have somewhat of a normal life.

chris549 said:

My sons biological dad does not and has not had much to do with him. He has agreed to let my husband adopt him. My health has everything to do with it because when I am no longer here I want my son to be taken care of the way that he has been. His life will be turned upside down enough and I would like him to have somewhat of a normal life.

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And that changes the equation considerably.

1. No.

2. Yes

1. your current husband's child support will not change as this will be considered by the court as a voluntary change in circumstances.

2. Yes, your current ex will no longer be paying child support.

Well isnt any step parent adoption voluntary? The post above said that the ok. law realizes legal dependants as well. So hopefully it will change things. Not a dramatic change, but he is taking it in the rear when it comes to child support. I 100% believe in child support but when is enough enough?! I think the court needs to realize that there are 2 parents to support financially, not just the Father.

You should have added the facts from your post in the medmal forum re your liver transplant, which is not voluntary. We need facts, "health Reasons" is too vague, but a judge would consider all the facts in evidence with a steparent adoption, including what ever life insurance, settlements are there to support the adopted child and social security survivor benefits etc. So if andor when you die during your child's minority, as is sometimes the case with transplants, the judge would also consider what income is available for the support of your son and how that factors into the support formula for your husband's child. The best interest of both children would be considered, your death should not be a windfall for your husband by decreasing his child support obligation if he is benefiting otherwise. Prior to step-parent adoption have you pursued all unpaid child support obligations by your child's father? You do understand that if the step-parent adoption in not complete prior to your death that your child's father would be entitled to guardianship/custody of his child and control of some funds such as Social Security survivor benefits. It would be wise to have your attorney write a will and specifically plan for a Guardian ad Litem insofar as the financial aspects for your child, even if the Step-Parent Adoption is complete. Also, does your child's father know the implications of your health issue?

I'd also strongly suggest meeting with an estate planning attorney to look into ways to protect any life insurance benefits, and assets you may leave behind for your child. Consider creating a trust so that whatever earnings the assets earn are THE CHILDS, if you accomplish the adoption, and so that if husband is ever disabled himself and gets behind in CS, what YOU leave to help husband raise your child cannot be attached or seized by his ex.

nextwife said:

I'd also strongly suggest meeting with an estate planning attorney to look into ways to protect any life insurance benefits, and assets you may leave behind for your child. Consider creating a trust so that whatever earnings the assets earn are THE CHILDS, if you accomplish the adoption, and so that if husband is ever disabled himself and gets behind in CS, what YOU leave to help husband raise your child cannot be attached or seized by his ex.

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And they wonder why we insist on facts?

My sons bio dad does know everything going on with my health, he has agreed to sign over rights to my son to my husband. My main concern was that he would change his mind in the event that I pass away, because of the money.

chris549 said:

My sons bio dad does know everything going on with my health, he has agreed to sign over rights to my son to my husband. My main concern was that he would change his mind in the event that I pass away, because of the money.

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Then you need to get the adoption off the back burner and done ASAP and not be concerned about how it affects your husband's child support payments, Since your child knows his father, don't cut him off because of the adoption, your child needs all the love and attention he can get, so this needs to be in his best interest, not a game between rival adults or taking advantage of an unfortunate situtation.