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texasdad75
Jul 31, 2008, 08:37 AM
My ex wife has a daughter from a previous relationship. When she and I got married, I legally adopted her daughter. Her daughter's biological father terminated his parental rights and paid a lump child support sum of $50,000 to my ex wife. My ex wife and I had a daughter together during our marriage. We have since divorced. In our divorce decree, the state of Hawaii granted us joint physical custody of both girls, with no child support from either party at any time. Since that time we have taken turns- a year or so at a time- having physical custody of the girls.
We have both now relocated to Texas - living in different parts of the state. I received a letter in the mail stating there's a court hearing for child support this coming Monday morning. 1- Don't we have to have the entire custody order changed before they order child support? Since our court order from Hawaii gives us joint physical custody with no child support? And 2- Am I responsible for paying child support for her daughter that is NOT biologically mine? Especially since her biological father paid a lump sum of child suppport when she was younger?
Please help- I have no money for a lawyer and this hearing is approaching fast. I want to be able to go into court as prepared as possible.

ScottGem
Jul 31, 2008, 08:54 AM
1- Yes, Both the custody and support oprders go hand in hand. When you go to court you argue that the order from Hawaii is still in effect and you have been adhering to it. So you don't see justification for a change.

2- Yes, when you adopted her you assumed the role of her legal father with all the rights and RESPONSIBILITIES that entails.

You NEED a lawyer. I suspect that your ex has one and if you go into the hearing without one, you will come out in worse shape. You cannot afford not to have an attorney.

texasdad75
Jul 31, 2008, 08:58 AM
Thanks for the help! It's much appreciated!!

stinawords
Jul 31, 2008, 12:08 PM
Scott did an a great job of answering this. They are both your daughters so if you are ordered to pay support it will be for both of them that is the whole purpose of addoption so that she will be your child. If you are making a great deal more than your ex it is more likely that you will have to pay support unless you get a lawyer and can convince the court to uphold the order that Hawaii put in place. Good luck to you.

cdad
Jul 31, 2008, 12:13 PM
Something that hasn't been asked yet and its very important. How long have you BOTH lived in Texas at this point ? Also the state of Texas would have to get a release from Hawaii to be able to do anything at all with the child support ( federal law ).