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-   -   My child is being adopted in CA, I owe back Child Support, The Parents do not want it (https://www.askmehelpdesk.com/showthread.php?t=500416)

  • Aug 21, 2010, 02:10 PM
    jonathan32
    My child is being adopted in CA, I owe back Child Support, The Parents do not want it
    My child is legally being adopted in the state of CA, she is 9 years old now, I talk to there constantly and this is how she wants it to be. I have back child support arrears, the adoptive parents do not want those back arrears? How can they let to court or child support office know this do not want those back arrears? How can they let to court or child support office know this or what is the best way of approaching the subject?

    Please note, I am not trying to get away easy with this, It was a mutual agreement between the adoptive parents and me, the only thing is we want to make sure the process gets done the right way. In most places people like to judge, I hope here I get an answer , I really need your help! Remember nobody is perfect
  • Aug 21, 2010, 03:44 PM
    ScottGem

    A lot depends on whether the custodial parent received public assistance or not. If they did, then the state will not allow the adoptive parents to waive support as it will go to repay the state.

    However, if state aid is not an issue, the custodial parent and the adoptive parents can reach an agreement and have it ratified by the court that issued the original support order.
  • Aug 21, 2010, 05:24 PM
    Fr_Chuck

    I would pay for a visit with an adoption or family law attorney, their may be a way to include this in the adoption paper work
  • Aug 21, 2010, 05:52 PM
    GV70
    Quote:

    Originally Posted by jonathan32 View Post
    My child is legally being adopted in the state of CA, she is 9 years old now, I talk to ther constantly and this is how she wants it to be. I have back child support arrears, the adoptive parents do not want those back arrears?

    Sorry but it does not make a lot of sense.
    You were obligated to pay child support until the child was adopted.What kind of relation is there between adoptive parents and your previous unpaid child support?Your unpaid support is due to the custodian who took care about the child before adoption.
    Were they the child's guardians before adoption?
  • Aug 21, 2010, 06:51 PM
    jonathan32
    Quote:

    Originally Posted by GV70 View Post
    Sorry but it does not make a lot of sense.
    You were obligated to pay child support until the child was adopted.What kind of relation is there between adoptive parents and your previous unpaid child support?Your unpaid support is due to the custodian who took care about the child before adoption.
    Were they the child's guardians before adoption?

    Thanks for the question, the mom is actually the new adoptive parent, she got together with a guy she met and they want to adopt my child. They told me they do not need any of the back child support ( the guy is well off) , this support is as follows one where she was with state aid 4k and then she stopped, but back arrears(not state) kept building up and now it is 10k of non-state arrears. I kept a good relationship with her and she really does not want any of the back arrears. The only problem is she does not know how to stop it and ask the court to forgive my arrears (the non-state ones),
  • Aug 21, 2010, 07:02 PM
    jonathan32
    Quote:

    Originally Posted by ScottGem View Post
    A lot depends on whether the custodial parent received public assistance or not. If they did, then the state will not allow the adoptive parents to waive support as it will go to repay the state.

    However, if state aid is not an issue, the custodial parent and the adoptive parents can reach an agreement and have it ratified by the court that issued the original support order.

    Thanks for the response, she was on state aid so state aid is at 4k and non-state aid is at 10k. She really wants to know how she can forgive my arrears and I know that state aid will not be forgiven but It is the non-state that we want to make sure does not get left behind. She married a guy that is well off and we have kept a good relationship as the years went by, so she is trying to help me out as much as she can,
  • Aug 21, 2010, 07:05 PM
    ScottGem

    So she is not adopting only he is. You should have specified initially this was a step parent adoption. And she starts with Family Court.

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