Back Child Support Arrears

[mswiner]

What is the name of your state? FL

My husband has back child support (arrears). The actual amount of it is wrong. His daughter was adopted when she was 11, but the back child support records doesn’t indicate that and a clerk of courts told that my husband’s arrears calculated till his daughter was 18. Right now she is 26 years old.
The actual amount is increased very much with an interest rate.
My husband has never been informed about his daughter adoption, he found out about it occasionally. His ex always hided his daughter when he made an appointment to come and visit her and one day she told never ever to call or come to see them.

I’m looking for somebody who had the same common stories and can advice in this situation. My husband case is dropped now, but he wants to go to the court and modify the debt and install payments till his ex brings his case up again.
Is it possible a court can sign off the interest and with the evidence that his daughter was adopted to reconsider the actual amount? Let’s say if he comes to the court on his own to pay the debt but wants the truth comes up, will he be able to pay the balance only?

 

[Neal1421]

Is he sure his daughter was adopted? Were his rights legally terminated?

 

[mswiner]

Thank you for a q-n. Yes we are sure she was adopted. We have the records of her name change, adoption case number, plus we met in person with her and she confirmed that when she was 11 years old she was adopted by her mother’s 2nd husband.
Even her mother doesn’t refuse that. But she tells that my husband’s arrears amount is exactly how supposed to be and that adoption is not a case.

 

[LdiJ]

Your husband needs a good attorney. There is too much money involved not to at LEAST consult with one.

 

[mswiner]

Yeah, that's whom we are looking for right now. May be somebody can advise a good lawyer, who had such experience in FL, who won the similar cases?!

I’m surprised how they allowed to adopt without his consent. His ex perfectly knew how to find my husband, at his parent’s house were she lived also for a while.
Furthermore, is there any obligation she had to file for Child Support Termination after her daughter was adopted? I mean, can she be any way or form responsible in the court for the amount which is calculated till the daughter was 18.

 

[Neal1421]

Yeah, that's whom we are looking for right now. May be somebody can advise a good lawyer, who had such experience in FL, who won the similar cases?!

I_m surprised how they allowed to adopt without his consent. His ex perfectly knew how to find my husband, at his parent_s house were she lived also for a while.
Furthermore, is there any obligation she had to file for Child Support Termination after her daughter was adopted? I mean, can she be any way or form responsible in the court for the amount which is calculated till the daughter was 18.

Was he paying support at the time that the child was adopted?

Something about this story isn't adding up.

No, she will not be responsible for the amount calculated until the child was 18.

 

[fairisfair]

Was he paying support at the time that the child was adopted?

Something about this story isn't adding up.

No, she will not be responsible for the amount calculated until the child was 18.

smelling something fishy too huh??

the only way that step dad was allowed to adopt w/out dad's consent would have been if his rights had been terminated. Where was dad for those first 11 years?? And why would a clerk of the court try to explain to dad his child support arrearages???

None of this story makes any sense.

 

[tigger22472]

I'm confused also ....

If Dad wasn't paying at the very least from age 11 to 18 mom wasn't getting anything anyway so why would she owe anyone anything?

 

[mswiner]

My husband was divorced his ex when their daughter was 4, he paid first 2 complete years child support.
She got married 2nd time and later that man adopted his daughter.

We don’t understand how it took place without bio father consent and even without any notice sent to him. Especially if she knew how to reach him within his parents anyway.
We don’t know how his parent rights were terminated.
When my husband’s lawyer several years ago tried to contact the man who adopted his daughter, he refused to speak and help the case. The reason I think is because ex divorced him too and also filed CS on him to pay for my husband’s daughter and another her daughter.

So it seems now like she wants to get paid twice much from 2 men for the same child obligation.

My husband called 2 times to a clerk of courts just to verify that his dept is calculated according to the fact they don’t have any evidence of adoption and she confirmed that twice. As I said right now the case is dropped and she had very good conversation with him telling the facts.

 

[Neal1421]

Does your husband have any proof that the child was adopted or that his rights were actually terminated?

 

[BelizeBreeze]

attempt to defraud anyone?

 

[fairisfair]

attempt to defraud anyone?

yes, it definitely sounds like it, unless of course, new wifey isn't getting the whole story. It is also possible that the huge arrears are due to 15 years of interest accruing, and has nothing to do with incorrect child support being assessed to him. Especially if he didn't pay for the first 11 years. I think we all notice how questions about the first 11 years are being avoided.
BB, do you ever allow PM's???

 

[mswiner]

No he doesn't have any proof, and the adoption papers are sealed and the court as far as I understand can order to open the case, or step-father can participate but he refuses as he owes CS too.

The only evidence is lawyers investigations which shows the case number, SSN of the daughter, her new name after her step-father, ex’s words about that and daughter’s words whom we met personally and she confirmed she was adopted at age of 11.

So do you think that when adoption takes place there is a chance that parental rights termination can not be? And if his daughter was adopted he would still owe child support till she was 18? And step-father owes for the same child too?

 

[fairisfair]

No he doesn't have any proof, and the adoption papers are sealed and the court as far as I understand can order to open the case, or step-father can participate but he refuses as he owes CS too.

The only evidence is lawyers investigations which shows the case number, SSN of the daughter, her new name after her step-father, ex’s words about that and daughter’s words whom we met personally and she confirmed she was adopted at age of 11.

So do you think that when adoption takes place there is a chance that parental rights termination can not be? And if his daughter was adopted he would still owe child support till she was 18? And step-father owes for the same child too?

No, I don't think that is what any of us think, what we are having a hard time wrapping our minds around is WHERE WAS HE FOR THE FIRST 11 YEARS?????? WAS HE PAYING CHILD SUPPORT THEN???? if his parental rights were terminated, then he should be able to access that information, even if he CANNOT access the adoption records. Do you even know what his arrears balance was at the time that the child was 11 years old?? and what is the state rate of interest applied to arrears, if any?? so what is the arrears balance now. what was it at the time the child was adopted and how much has he paid since then??

 

[tigger22472]

Actually it sounds like he didn't pay for five years, if the child was 4 at the divorce and he paid until child was 6 then from 6 to age 11 is only 5 years. However, I do agree that the amount COULD be interest and arrears from all those years.

OP... what was his ordered amount of child support?