Step-parent Adoption MN

[TheGeekess]

Yet another update.

Like I have done every year, I was going to file my taxes. But I guess lucky me, I got a notice in the mail saying that I owe $1,500 in arrears and that if I file my taxes, the money would go to my ex. So, I email her lawyer to fix this because I shouldn't owe any arrears and she sends me back yet another stipulation that she wants me to sign that states:

WHEREAS: The Petitioner has signed a consent form for the Respondent’s husband to

adopt the minor child subject to the matter.

WHEREAS: The parties agree that the Petitioner’s child support arrears should be

forgiven.

IT IS HEREBY STIPULATED AND AGREED THAT:

1. The Petitioner’s child support arrears are hereby forgiven and no longer owed.

2. The Petitioner shall not contact the Respondent for any reason. If there is some

need to contact the Respondent he should do it through her lawyer.

3. If the Petitioner withdraws his consent for the adoption, child support and the

arrears shall become due and owing.


First off, I didn't think I could withdraw my consent to the adoption since it's already been going through for months now apparently. To me, this is all common sense, if I withdraw from the adoption, yes, I will be paying child support. I think she just wanted to add in the number two part, that I can't contact her anymore. I'm debating whether or not to sign this as I guess I could just wait for the adoption to go through so the arrears will be gone anyway as it said in the previous stipulation.

Alrighty then.

 

[EmmeRose]

Since I work in MN child support enforcement I can tell you this:

If your ex is not and has not been on any kind of cash public assitance and you do not ow a medical support support obligation for any months the child may have been on MA or MinnesotaCare, then, yes, this would be legal and once filed, the caseworker will write off any arrears that have accrued on the case.

If the case is a non-public assistance case, then the CP has the right to go in an ask the child suport office to forgive all arrears and close the case.

What county are you in??????

The case is in Hennepin county.

In the email from her lawyer, but not in the stipulation, the lawyer said that my ex does not want to close the case until the adoption goes through but wants to forgive me of the arrears.

According to our divorce papers from back in '09, it stated that our daughter had MinnesotaCare but as of 2011, my ex informed me that she was no longer getting MinnesotaCare and that the extra $44 was now going straight to her.

 

[CSO286]

The case is in Hennepin county.

In the email from her lawyer, but not in the stipulation, the lawyer said that my ex does not want to close the case until the adoption goes through but wants to forgive me of the arrears.

According to our divorce papers from back in '09, it stated that our daughter had MinnesotaCare but as of 2011, my ex informed me that she was no longer getting MinnesotaCare and that the extra $44 was now going straight to her.

That's fine. And, actually, doing it this way, with the stipulated agreement, protects you from the CP going back to child support at a future date and requesting that they reinstate previously forgiven arrears. (Which they can do--unless the arrears are forgiven in a court order or other agreement filed with the courts.)

 

[CSO286]

You read it.

I'm not giving up on her.

You signed the consent for adoption. You're looking to get your support completely forgiven. I don't see how you've really fought for this child. (And yes, I reviewed your docket.)

 

[EmmeRose]

Thank you very much CSO. I appreciate it.