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-   -   Couple that's not married adopt a child then break up do they have to pay support (https://www.askmehelpdesk.com/showthread.php?t=774856)

  • Nov 11, 2013, 07:33 PM
    jhann
    Couple that's not married adopt a child then break up do they have to pay support
    If a couple that's not married adopt a child then break up, does one have to pay child support for the other?
  • Nov 11, 2013, 07:43 PM
    excon
    Hello j:

    Whether he's adopted or or not, the non custodial parent will have to support his child.

    excon
  • Nov 11, 2013, 08:41 PM
    jhann
    And that person who has to pay support is getting married to someone else. So would it cause problems for the married couple?
    Can they settle it in a court if both don't agree to it?
  • Nov 12, 2013, 04:52 AM
    cdad
    Quote:

    Originally Posted by jhann View Post
    And that person who has to pay support is getting married to someone else. So would it cause problems for the married couple?
    Can they settle it in a court if both don't agree to it?

    Mostly it depends on what took place during the adoption. If it was an adoption to the couple then it can be settled by the courts. If it were a single parent adoption then the other party has no legal obligation so there is nothing to settle.
  • Nov 12, 2013, 03:54 PM
    jhann
    Quote:

    Originally Posted by cdad View Post
    Mostly it depends on what took place during the adoption. If it was an adoption to the couple then it can be settled by the courts. If it were a single parent adoption then the other party has no legal obligation so there is nothing to settle.

    Both agreed on the adoption
  • Nov 12, 2013, 04:04 PM
    ScottGem
    Quote:

    Originally Posted by jhann View Post
    Both agreed on the adoption

    Did both sign the adoption so they are both the legal parents? If so it is no different then if they were married and the child is naturally theirs. They both took on responsibility for that child. The child is legally theirs. If one parent becomes the primary custodian, the other will be responsible for support.

    Remember an adoption is a legal assumption of paternity and is the same, legally, as giving birth to the child.
  • Nov 12, 2013, 04:19 PM
    Synnen
    I don't know of anywhere in the US that allows adoption of a child by two people who are NOT married.

    So--either you BOTH adopted, and you are BOTH legal parents which means that the non-custodial parent will owe child support to the custodial parent upon a "breakup", or only ONE of you is a legal parent listed on the adoption paperwork and the other has no legal rights or obligations at all.

    Is this a hypothetical adoption?
  • Nov 12, 2013, 06:56 PM
    AK lawyer
    Quote:

    Originally Posted by Synnen View Post
    I don't know of anywhere in the US that allows adoption of a child by two people who are NOT married.
    ...
    Is this a hypothetical adoption?

    Yes, you beat me to it.

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