Will I have to give back support paid?

[Jeffry Smith]

What is the name of your state (only U.S. law)? IN
We divorced in 94', I received custody in 95' in 96' she skipped town and was never seen again. In 97' I remarried and my wife adopted my 3 children in 98'. In Jan 2008 I started receiving child support. I believed at the time that I was just receiving back support for 96'-98' but I have done the math and it seems that it should have stopped in february of this year. But it hasn't. We thought that when my wife adopted the children it would automatically stop adding up. I have sent letters to ex's family asking them to forward letter requesting that she stop support. I do not want something that I am not entitled to. But on the other hand I will not pay an atty to have it stopped. That is her responsibility. So the question is...... am I liable for the overpayment of support? Would I have to give it back?

 

[LdiJ]

What is the name of your state (only U.S. law)? IN
We divorced in 94', I received custody in 95' in 96' she skipped town and was never seen again. In 97' I remarried and my wife adopted my 3 children in 98'. In Jan 2008 I started receiving child support. I believed at the time that I was just receiving back support for 96'-98' but I have done the math and it seems that it should have stopped in february of this year. But it hasn't. We thought that when my wife adopted the children it would automatically stop adding up. I have sent letters to ex's family asking them to forward letter requesting that she stop support. I do not want something that I am not entitled to. But on the other hand I will not pay an atty to have it stopped. That is her responsibility. So the question is...... am I liable for the overpayment of support? Would I have to give it back?

You could be. You know that your wife adopted the children, even if the child support court is not aware of this.

At a minimum I would be banking the money, and not touching it, in case you do have to pay it back.

Are you sure that MOM knows that your wife has adopted the children? She may not if she was awol when it happened.

 

[Ohiogal]

Have you informed child support that your wife adopted the children? How much is interest and penalties that you are owed in addition to support?

 

[Jeffry Smith]

No she did not know about adoption. But she should know by now through her family.

 

[Ohiogal]

No she did not know about adoption. But she should know by now through her family.

How did you terminate her rights without HER KNOWING? You didn't serve her?
Oh man. If she didn't know, she has reason to overturn the adoption.

 

[Jeffry Smith]

Maybe you don't understand. She could not be found to be served. Do you really think that 11years later that she could stand in front of a judge and say she didn't know her kids were adopted by somebody else. And stand a chance? If you really think that then perhaps you are not qualified to answer my question.

 

[2Mistakes]

If she was not served (either by personal service or publication, if your court even allows that in an adoption) then she was not given due process. So yes, she could stand a chance of having the adoption reversed.

 

[Ohiogal]

What 2Mistakes said.

 

[Jeffry Smith]

This was done by publication and a letter was sent to her last known address. This was done legally in this state. We followed this to the letter of the law. Ok so let's say she can contest this the children are 21, 19, and 16 now. And the youngest doesn't remember her. They don't want anything to do with her. And if it was contested and she won she would owe me even more child support. Remember folks I'm the good guy here. I am trying to get her to stop the support. I'm the one that raised these children not her. so back to the original question that has not been answered , would I have to pay back support that she has over paid?

 

[Ohiogal]

This was done by publication and a letter was sent to her last known address. This was done legally in this state. We followed this to the letter of the law. Ok so let's say she can contest this the children are 21, 19, and 16 now. And the youngest doesn't remember her. They don't want anything to do with her. And if it was contested and she won she would owe me even more child support. Remember folks I'm the good guy here. I am trying to get her to stop the support. I'm the one that raised these children not her. so back to the original question that has not been answered , would I have to pay back support that she has over paid?

Return to my other original questions -- how much in interest does she owe? Penalties? Fees? As well as CS? No one is trying to make you out to be the bad guy. We want to make sure that it was legally done.

 

[LdiJ]

This was done by publication and a letter was sent to her last known address. This was done legally in this state. We followed this to the letter of the law. Ok so let's say she can contest this the children are 21, 19, and 16 now. And the youngest doesn't remember her. They don't want anything to do with her. And if it was contested and she won she would owe me even more child support. Remember folks I'm the good guy here. I am trying to get her to stop the support. I'm the one that raised these children not her. so back to the original question that has not been answered , would I have to pay back support that she has over paid?

I think that you probably need to work harder to get child support stopped....and should have straight from the get go, unless you were certain that the money involved was arrearages from the early years. The adoption happened 11 years ago. It sounds to me like you never informed the CSE and therefore they never closed the case.

If you are getting the support directly from her, then getting her to stop paying is appropriate. If you are getting it through the state, then you need to close the case with the CSE.

 

[Jeffry Smith]

I have no idea about penalties, fees or anything else. The original support was $69 a week. According to my calculations she would have been caught up with just support in February.
When my wife adopted the kids we always assumed that the support stopped automaticaly. But then I started receving payments in Jan 08'. as far as me working harder to stop this I wander if this would be the same advice if I were a woman? I have found in the system that there is a definite bias in favor of women. people like to beat up dead beat dad's but never think twice about dead beat mom's. The reason her support was set so low was because she never showed up to court on the day support was awarded. So they based it on her working 40 hours a week at minimum wage. If a man didn't show up they would have a warrant out for his arrest. i didn't run out on my children she did. yes I am bitter. But this time it is her responsibility to stop it.
So would I be liable to pay back over paid support?

 

[ecmst12]

If you received money that you are not owed in error, then yes you will have to pay it back.

 

[LdiJ]

I have no idea about penalties, fees or anything else. The original support was $69 a week. According to my calculations she would have been caught up with just support in February.
When my wife adopted the kids we always assumed that the support stopped automaticaly. But then I started receving payments in Jan 08'. as far as me working harder to stop this I wander if this would be the same advice if I were a woman? I have found in the system that there is a definite bias in favor of women. people like to beat up dead beat dad's but never think twice about dead beat mom's. The reason her support was set so low was because she never showed up to court on the day support was awarded. So they based it on her working 40 hours a week at minimum wage. If a man didn't show up they would have a warrant out for his arrest. i didn't run out on my children she did. yes I am bitter. But this time it is her responsibility to stop it.
So would I be liable to pay back over paid support?

Actually its not her responsibilty, its yours...and no one here would say anything differently if the genders were reversed.

Apparently you did an adoption via publication and possibly never notified the CSE that the CS case should be closed. Therefore you are possibly collecting CS under false pretences.

You could get seriously slammed for that, legally.

You at least need to be contacting the CSE and making sure that they have a record of the adoption and that CS should have ceased at that time. Then, if they are still collecting interest on arrearages you would be ok.

 

[Ohiogal]

Actually its not her responsibilty, its yours...and no one here would say anything differently if the genders were reversed.

Apparently you did an adoption via publication and possibly never notified the CSE that the CS case should be closed. Therefore you are possibly collecting CS under false pretences.

You could get seriously slammed for that, legally.

You at least need to be contacting the CSE and making sure that they have a record of the adoption and that CS should have ceased at that time. Then, if they are still collecting interest on arrearages you would be ok.

I agree. I was thinking maybe it was interest/penalties on arrearages that he was collecting. OH and he should make sure that any arrearages are dated back to the time the adoption was finalized.