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Child Support minus State payments for adopted foster child


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#1 Iscreenyou007

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Posted 04 January 2013 - 01:42 PM

I adopted a five month old foster child (took 4 years of red tape) and this child has special needs so I have him in a private school that is paid for by the state funds. My soon to be ex who adopted my child a year and 1/2 ago now says with his attorney that he does not have to pay child support as the child receives money form the state. My husband makes $10,000.00 more than I do and said that since the child is not of his blood he should not receive any money. What is right?

#2 Ted_from_Texas

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Posted 04 January 2013 - 02:28 PM

I have no idea what is "right" under the circumstances, but your soon-to-be-ex is definitely wrong on at least two counts. DNA notwithstanding, when he adopted the child he became his legal father with all the rights and obligations of a "blood" parent. Furthermore, the fact that the child receives state aid does not absolve him of the obligation to pay child support. Consult your own attorney, and take anything your STBX and his attorney says with a large grain of salt. They are not obligated to look out for your interests or to tell you the truth.

#3 pg1067

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Posted 04 January 2013 - 03:28 PM

I adopted a five month old foster child (took 4 years of red tape) and this child has special needs so I have him in a private school that is paid for by the state funds. My soon to be ex who adopted my child a year and 1/2 ago now says with his attorney that he does not have to pay child support as the child receives money form the state.


This doesn't make sense. If the child is only five months old, it cannot have possibly taken "4 years of red tape" to adopt him or her. Nor can it be possible that your husband adopted the child a year and a half ago. Are you talking about two different children?

By the way, what did your lawyer say about what your husband's lawyer purportedly told him?


My husband . . . said that since the child is not of his blood he should not receive any money. What is right?


The law does not care whether a parent is a blood/birth parent or an adoptive parent. If the parties to a pending divorce are the parents of a minor child, then child support may be ordered. Whether money received for a child's education from "the state funds" will impact a court's decision regarding child support depends on the laws of your unidentified state and on whatever facts are relevant under those laws.

#4 Iscreenyou007

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Posted 05 January 2013 - 12:29 PM

My child is now 10 years old and I was stating the fact that I have been in his life since he was 5 months old for those reading this to understand the bond. My STBX has only been in his life 4 years. My attorney said he and the OC can say anything but it is ultimately up to the judge to decide. I was posting to see if anyone has ever come across a child that receives monthly State Funds being used as a reason for the noncustodial parent to get out of or use to decrease their portion of the child support to be determined.

#5 Iscreenyou007

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Posted 05 January 2013 - 12:36 PM

Thank you




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