Ask Me Help Desk - Husband signed off rights 11 years ago for adoption.

My husband and I are in a legal mess. He signed off rights to his son eleven years ago so that the step father could adopt. Now in December 07 he received a summons to court for child support. Apparently the adoption never went through, she got divorced and now wants support. He is already paying 450.00 an month on another child (he is in his life) and the court wants to add another 250.00 on top of that. My husband only makes 11.00 hr and we have two children of our own. Then to top the cake, there is another court date to see if he's responsible for the last eleven years. We never knew the adoption never took place... she lived in another state. The court was the one to stop child support 11 yrs ago. This is all happening in the state of Ohio, and we are now living in NY. We are paying for lawyers (the first one we fired) and don't have the money to go there for court. The assist. Prosecutor denied letting him testify over the phone and now were stuck. Im just looking for a little hope/help/advice. Thank you

Unfortunatelly if the adoption was never finalized your husband IS obligated to support his child.It may or may not a retroactive child support to be ordered.

Welcome to Ohio's screwy child support laws. I don't envy you at all. He must come here and testify in person on his court dates. I know this puts a dent in his income but the only thing I can suggest you do is go back to the other child's $450 a month amount and see if he can't petition the court for a reduction and cite the new child's $250 a month support amount. If he only makes $11 an hour the courts should consider leaving him with some money every month to try and live on. After 11 years I sure hope that they don't stick him with the entire 11 years. What was that mother doing in the meantime for 11 years that she suddenly now wants child support?

He has to appear in court and which ever support order is the oldest gets first priority in any garnishment normally.

But child support would be set by income normally, so proof of income, and proof of other child support, you may need to go back and see about getting the 450 payment modified because of the other child support now.

But yes if the adoption did not take place then there was no signing over rights, since it is all part of the same court action, so it was never fuled on.

Quote:

Originally Posted by jenniekelso

My husband and I are in a legal mess. He signed off rights to his son eleven years ago so that the step father could adopt. Now in December 07 he received a summons to court for child support. Apparently the adoption never went through, she got divorced and now wants support. He is already paying 450.00 an month on another child (he is in his life) and the court wants to add another 250.00 on top of that. My husband only makes 11.00 hr and we have two children of our own. Then to top the cake, there is another court date to see if hes responsible for the last eleven years. We never knew the adoption never took place...she lived in another state. The court was the one to stop child support 11 yrs ago. This is all happening in the state of Ohio, and we are now living in NY. We are paying for lawyers (the first one we fired) and dont have the money to go there for court. The assist. prosecutor denied letting him testify over the phone and now were stuck. Im just looking for a little hope/help/advice. Thank you

Was a response filed when you received your summons ? It may or may not be too late to do so. If its not to late most states have adopted specific paperwork for asking to appear by telephone. Aka telephonic means. Its very specific so just that he asked for it and was told no you may need to file a motion to get it. Most child support agencies tend to be no help whatsoever to a NCP and most are out to get them.

Oops, sorry it was 350.00 an month not 450.00 but either way...
The mother is a hair dresser, since her divorce she is now receiving public assistance which is why all of this came up. The next court date is in may, that's to determine if he is responsible for the last eleven years. Paying a decent amount of support we can handle, but Ohio wants to take everything we have. We are having a hard time getting the amount adjusted because the court said we have 2 other children and so does she.So they said its even. And we don't feel we should be responsible for the last 11 years cause we were never notified that the adoption never happened. As for the telephonic means with court... We had his lawyer take care of that and all we got was a letter saying the asst. Prosecuter denied it. Yes, we've delt with Ohio CS for years now, its not easy. From what I understand they can take up to 65% of his income.

The 65% is the federal guideline that can be taken and no more then that only in the case of arrears. For reguler child support its 50 % and those are totals for ALL children not just per child. Good Luck