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Back Child Support after step-parent adoption

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Papaya

Junior Member
What is the name of your state? Texas

We're all done with step-parent adoption and are now trying to collect some back child support. The amount is about $30k. I have been dealing with OAG and they have told me they can only 1) garnish ex's wages and 2) threaten to suspend a driver's license 3) put a lien on ex's name. They can't intercept Tax return nor arrest ex anymore since this case is considered as "inactive case."

Does this sound right to you guys? Or did we just get a lazy person on the phone? We have not gotten anything on writing about this.

Thank you!
 


fairisfair

Senior Member
What is the name of your state? Texas

We're all done with step-parent adoption and are now trying to collect some back child support. The amount is about $30k. I have been dealing with OAG and they have told me they can only 1) garnish ex's wages and 2) threaten to suspend a driver's license 3) put a lien on ex's name. They can't intercept Tax return nor arrest ex anymore since this case is considered as "inactive case."

Does this sound right to you guys? Or did we just get a lazy person on the phone? We have not gotten anything on writing about this.

Thank you!
Inactive cases are often treated differently than active. The mindset is that active cases involve the active support of children and that inactive cases simply involve retrieval of the custodial parents and the state's (in some cases) monies. It may well be that only certain remedies are used in inactive cases. Do what the posters here do :rolleyes: :p , call and ask again and see if you get the same or a different answer.
 

garrula lingua

Senior Member
I'd still go with OAG collection: at least the suspension of the DL will/should bring him out of the woodwork - if he gets cited, he'll try to start a payment plan. And, if he has steady employment, then you should get some $ from the wage garnishment.

There's no promise a private atty can produce more (esp regarding the DL).
 

ceara19

Senior Member
Good luck getting the OAG to actualy take ANY action on an inactive case. They are not legally required to assist with inactive cases.
 

ceara19

Senior Member
Good luck getting the OAG to actualy take ANY action on an inactive case. They are not legally required to assist with inactive cases.
 

Papaya

Junior Member
What about private agencies

I really appreciate your replays, guys. Where online can I find the info that OAG is not legally obligated to collect back child support for inactive cases?

Thanks!@
 

moburkes

Senior Member
I really appreciate your replays, guys. Where online can I find the info that OAG is not legally obligated to collect back child support for inactive cases?

Thanks!@
This probably isn't something that you will find. What you are looking for is something that says that they ARE required collect collect. However, no one is saying that. They are simply saying that they are not going to intercept tax returns, etc for the inactive cases.
 

ceara19

Senior Member
This probably isn't something that you will find. What you are looking for is something that says that they ARE required collect collect. However, no one is saying that. They are simply saying that they are not going to intercept tax returns, etc for the inactive cases.
Exactly!!!

If the OAG is willing to continue or initiate wage garnishment, take them up on the offer. Complaining that they won't do MORE will only get the case dropped altogether. Their office is only responsible for helping insure that the child's CURRENT needs are being met through collection of child support and/or medical support. The child in question, CURRENTLY has 2 parents that are MARRIED to each other. If the parents cannot meet the child's needs, the adoption should have never taken place.
 

Papaya

Junior Member
Let's be positive not judgemental

Exactly!!!

The child in question, CURRENTLY has 2 parents that are MARRIED to each other. If the parents cannot meet the child's needs, the adoption should have never taken place.
WOW. Where did this come from!? I certainly did not ask for people to judge my situation. I already got really important information earlier which I am thankful for but i have no idea why you had to add this heartless comment on the last post. I strongly do not appreciate this comment about questioning our decisions and abilities to adopt the child and to pursue back child support from this deadbeat.

This is a common problem on any message boards. I see heartless and rude comments all the time. Everyone who post questions here has some sort of concerns and problems already. You don't have to add any more bad feelings. I believe this message board is not a place to attack especially when the person - in this case, myself - is not the deadbeat. I should not be judged for anything I'm trying to do here - to protect my child and get back support money that the ex ignored and negrected for years.

For others who share common interests on this board, let's be positive and share information that might help others. If you read something you don't like, be nice and leave it alone. You are not obligated to make any comments, right?


Thank you for your time and happy holidays.
 

MrsK

Senior Member
WOW. Where did this come from!? I certainly did not ask for people to judge my situation. I already got really important information earlier which I am thankful for but i have no idea why you had to add this heartless comment on the last post. I strongly do not appreciate this comment about questioning our decisions and abilities to adopt the child and to pursue back child support from this deadbeat.

This is a common problem on any message boards. I see heartless and rude comments all the time. Everyone who post questions here has some sort of concerns and problems already. You don't have to add any more bad feelings. I believe this message board is not a place to attack especially when the person - in this case, myself - is not the deadbeat. I should not be judged for anything I'm trying to do here - to protect my child and get back support money that the ex ignored and negrected for years.

For others who share common interests on this board, let's be positive and share information that might help others. If you read something you don't like, be nice and leave it alone. You are not obligated to make any comments, right?


Thank you for your time and happy holidays.
She wasnt judging your situation, she was giving you a frank, and completely honest, answer. You should try and pursue the back child support if it means something to you, but you probably should also recognize you have little chance of seeing the money compared to someone who has an active case. You arent going to be much of a priority to the OAG any longer.
 

ceara19

Senior Member
WOW. Where did this come from!? I certainly did not ask for people to judge my situation. I already got really important information earlier which I am thankful for but i have no idea why you had to add this heartless comment on the last post. I strongly do not appreciate this comment about questioning our decisions and abilities to adopt the child and to pursue back child support from this deadbeat.

This is a common problem on any message boards. I see heartless and rude comments all the time. Everyone who post questions here has some sort of concerns and problems already. You don't have to add any more bad feelings. I believe this message board is not a place to attack especially when the person - in this case, myself - is not the deadbeat. I should not be judged for anything I'm trying to do here - to protect my child and get back support money that the ex ignored and negrected for years.

For others who share common interests on this board, let's be positive and share information that might help others. If you read something you don't like, be nice and leave it alone. You are not obligated to make any comments, right?


Thank you for your time and happy holidays.
Sorry that you don't like the TRUTH f the situation. Before you think for ONE SECOND that I don't understand, my ex never voluntarily sent in a penny in child support. The ONLY time any support was paid was when his tax refund was intercepted. He fixed that problem after a couple of years by not filing a tax return. The 2 years that his return was intercepted, he got to keep half of it under injured spouse. But instead of getting back $4-5K for HIMSELF to keep, he chose to get NOTHING and risk a run in with the IRS just to avoid paying child support.

At one point the OAG decided that they wanted to "help" me. Their "help" consisted of lowering his child support to 1/3 of the court ordered amount and erasing the majority of the arrears. Then I was stuck dealing with not only a deadbeat that had no interest whatsoever in the well being of the children, but a moronic state agency that didn't have a clue as to what was in the "best interests" of anyone but themselves.

After working very hard for many years, I was able to finally have "dad's" rights terminated once and for all on November 17th (which was accomplished completely and totally on it's own merits and not dependant upon an adoption) and on Friday, December 22nd, they will officially have a new father.

So instead of being hung up on the PAST, get on with your life. IF you ever see a penny from the deadbeat, look at it as a bonus. But to actually EXPECT to see anything from him, or worse yet, expect the state to help you collect, will only result in disappointment.
 

Jelain

Junior Member
Hi. I joined the step-parent adoption board looking for information on something different...but as we lived through your question, I thought I would put my two-cents in. I think this comes down to state law. In my state (FL back in the 80s) once the adoption took place, everything reverted to those kids being my husband's kids...for all intents and purposes, everything became as if the ex never existed...therefore, no monies. While you took a poster's earlier comments as harsh, they truly weren't. If your lawyer or the judge doesn't or didn't lay it out as flat and blunt as that, then they were in the wrong. Of course here I'm assuming that state laws in this area will be somewhat similiar. In fact, in our case, my husband was almost treated as the bad guy...even getting a lecture that if something should happen causing our marriage to end in divorce (like I was the bad guy...the ex ended up going to jail over what he did to me, and I ended up in the hospital), that my husband would have to be prepared to pay childsupport for the kids (well, DUH!).

I'm guessing since the adoption process has already gone through, that they've already weighed in what kind of standard of living you and your husband can provide. Honestly, in my case, there was more money owed to my children than what you say your ex owes. Now, I do, I do understand that that money *should* have been given over for the children's care while the ex was still standing in the position as a parent. I do, I do understand that no matter what the quality of life you provided your children, 30K would have helped a whole heck of a lot more...not just with material things, but with experiences/opportunities they could have had...and I do, I do understand, that having that money during that time would have also aleviated (sp?) a lot of stress on you when looking at paying grocery bills, rent/mortgage to house, clothe and feed your kids. I do, I do understand that the money could have also been invested on their parts for their future. But, and I say this in a position of empathy, the former poster was exactly correct. If the need (as in nitty-gritty not surviving if ya ain't got it) is/was there for this money to come full, then an adoption shouldn't have taken place without considering that you still wanted ties to this other man in a supportive role. If OAG is stating that the extent that they are willing to go is A & B options, then that is all you are able to get, if you choose to go that route. If it were me, and if those options were given to me, and there wasn't hospitalization, disabilities or the like draining our family budget, then I would thank God for the blessing of a united family, and a man willing to be a father in every way that a father is supposed to do, and begin that family without tying stress and emotion and time on this man who, having known your children, walked away.

Many blessings to you and yours.
 

BelizeBreeze

Senior Member
Except that once an arrearage exists, it exists forever, regardless of whether or not an adoption takes place. The mother or, in certain circumstances, the child, can file at any time for a judgement, take that judgement to the court to enforce a lien on assets and continue to renew the judgement for up to 20 years.
 

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