Ask Me Help Desk - Child support and adoption laws

Im at a stand still. My boyfriend adopted his son a while ago and then about 4 years ago got a divorce. After that he was hit with child support payments but the real father has been apart of the child's life along with his parents.My boyfriend has always tried to make the child support payments but he has not always been able to so there is back child support due. . We are excpecting a child in a couple of month and the amount has just went up to 876.00 a month and mandatory health coverage this is for one child. My boyfriend is not making more than 1200.00 every two weeks and just got the new job. His x wife is also friends with child support case worker and dose not declare her income because she is a pericer and a Bar tender. Really up standing member of society that lives with her parents. I would like to know of a legal way to stop her from causing us to live on 100.00 a month because she is taking it all

First, when he adopted the child, he assumed the same responsibility for that child as a natural parent. He also ended the biological father's connection with the child. So the bio father doesn't enter into this issue.

If HE feels that too much of his income is going towards support, then HE needs to go back to the court and ask for a modification of the support.

I thank you for the help but I kind of already knew what you stated I was looking for more legal options than just the surface. I would like to find someone that is as frustrated as I am about the abuse of this leagal system but people

In most states, the amount of child support is based on income, assuming the numbers you stated are correct, he would not have to pay that high of child support with his current income. So he needs to go back to court.

The bio father can see the child all he wants, he is not legally the father, so he can not be held liable for any chld support

Quote:

Originally Posted by Fr_Chuck

In most states, the amount of child support is based on income, assuming the numbers you stated are correct, he would not have to pay that high of child support with his current income. So he needs to go back to court.

the bio father can see the child all he wants, he is not legally the father, so he can not be held liable for any chld support

Need to add something here. The limits on child support change when there are arrears. As has been stated by the OP in this case there are existing arrears. Until those are paid off (in some cases with interest) then the child support payment may appear above the normal scale for the state that issued the support order.

First, please don't use the Comments feature for followups. Use the Answer options at the bottom of the page instead.

Second, you asked for "a legal way to stop her...". There is only ONE legal way and that's to get a court to modify the order.

The problem here is it is not "her" that needs to be stopped. Your boyfriend chose to adopt this child. In doing so he assumed legal responsibility for the child. When they made the decision to divorce, he had obligations to continue to support that child. Those obligations were ordered by a court. The mother did not go to court and say to give x amount of dollars. The mother petitioned for the legal amount of support applicable. The mother's income is not always included in determining a support obligation. If it is in your area (ANY question on law needs to include your general locale as laws vary by area.) then you need to prove how much she makes. If not, what she makes is moot.

If he was not able to make the support payments he should have immediately gone back to court for a modification. But he didn't, so the arrears were allowed to pile up, increasing the amount he has to pay per month.

So, really your ire here is somewhat misplaced. You are angry at the mother who is just trying to support her child. You are angry at the bio father who has no further obligations. You are angry at the courts that are just enforcing the law. But you should ALSO be angry at your boyfriends for not trying to protect his rights. And why did you decide to have your own child when you seemingly can't afford it?

Don't get me wrong. I sympathize with your plight and I understand that some of these decisions may have been out of his and your control. But you need to look at things from a larger perspective. And the ONLY way for him to get relief is through the courts by showing the amount he has to pay is onerous.