Does anyone know where to find the Ohio law that states that if a fathers rights are terminated and a child has been adopted by the mothers new husband, the bioligical father no longer has to pay child support?
|
Does anyone know where to find the Ohio law that states that if a fathers rights are terminated and a child has been adopted by the mothers new husband, the bioligical father no longer has to pay child support?
This is universal in the US. Only the legal non custodial parent is required to pay support. Adoption terminates the bio parent's status as legal parent. Ergo, no requirement to pay support.
Why do you need an exact cite?
The child in question was adopted 15 years ago and the bio dad just found out he is 24,000 behind in child support. In other words the child support has been acruing even after the child was adopted. All related paperwork was lost in a house fire.
If there was child support due before the adoption that past due would have still been owed, ( the past due at the adoption does not go away)
Also was it really an adoption, do you have copies of the court records.
But it would be easy to clear up , if no one ended the child support order, you have a hearing, file a motion to over turn the order due to the adoption, submit the adoption paper work as evidence.
(750 ILCS 45/2) (from Ch. 40, par. 2502)Quote:
Originally Posted by deparlet
Sec. 2. Parent and Child Relationship Defined. As used in this Act, "parent and child relationship" means the legal relationship existing between a child and his natural or adoptive parents incident to which the law confers or imposes rights, privileges, duties, and obligations. It includes the mother and child relationship and the father and child relationship
(750 ILCS 50/0.01) (from Ch. 40, par. 1500)
Sec. 0.01. Short title. This Act may be cited as the Adoption Act.
E. "Parent" means the father or mother of a lawful child of the parties or child born out of wedlock. For the purpose of this Act, a person who has executed a final and irrevocable consent to adoption or a final and irrevocable surrender for purposes of adoption, or whose parental rights have been terminated by a court, is not a parent of the child who was the subject of the consent or surrender, unless the consent is void pursuant to subsection O of Section 10.
I agree with Fr_Chuck that if there was child support due before the adoption that past due would have still been owed.Quote:
Originally Posted by deparlet
(750 ILCS 25/3) (from Ch. 40, par. 2703)
(c) "Arrearage" shall mean the total amount of unpaid child support obligations.
| All times are GMT -7. The time now is 01:27 PM. |