[confused7161]

My step-son's mother asked bio father to sign over ALL rights so her husband can adopt 17 year old child. He did and she never followed through with adoption. Why does he still have to pay

[Fr_Chuck]

I will assume this is a question, I have moved it, YOU posted this question as a answer to someone else's question about when child support would end.

To ask a question you pick a area, and start a new thread.
To supply more info you "answer" your own question with the additional info

He still has to pay since the adoption did not go though,
Signing over the rights was only for the adoption and without the adoption no rightw were signed over and child support is due till the adoption takes place.

[confused7161]

Ok, let me clear a couple of things up. We live in Arizona. The parents were never married so there is no divorce agreement. Before we got married I insisted that hubby get a blood test to prove child was his. She said he wasn't . Well, he is. She went to DES and had CS stopped herself. It was never filed with courts , our fault. She then decides to go back to DES and say that she hasn't been getting CS. Now he owes 4 years. Then she asks D. (my husband) to sing over all rights so her husband can adopt child. D. followed through with his part and signed papers. Then we get a notice some months later that she is going back for more CS because her income has dropped in half. She has always said this isn't about money, but apparently it is.

[Fr_Chuck]

And??

He is the legal father, ( they do not have to be married, he does not have to be on a birth certificate)

She can stop state enforcement of support but that does not stop the court order in place, that is his problem there, he misunderstood her stoping state enforcement for actually "stoping" the child support order.

And if she did not actually go though with the adoption, then he is still the father legally and the original child support order is still valid. His rights only terminated at the time of the adoption, not when he signed the papers since giving up his rights and the stopping of child support depended upon the adoption.

But it is not her income that child support is based on, it is his income, so unless his income increased when she asks for the support to increase, it will merely be set on his current income.

But yes, he will still owe child support

[cdad]

Ok, let me clear a couple of things up. We live in Arizona. The parents were never married so there is no divorce agreement. Before we got married I insisted that hubby get a blood test to prove child was his. She said he wasn't . Well, he is. She went to DES and had CS stopped herself. It was never filed with courts , our fault. She then decides to go back to DES and say that she hasn't been getting CS. Now he owes 4 years. Then she asks D. (my husband) to sing over all rights so her husband can adopt child. D. followed through with his part and signed papers. Then we get a notice some months later that she is going back for more CS because her income has dropped in half. She has always said this isn't about money, but apparently it is.

1) how do you know she went anywhere and asked that child support be stopped or reduced ? Do you have paperwork from somewhere or is this just hearsay ?

2) she can ask for a modification but depending on why her income is now half is what will tell the tale in court. Lets say she had another baby and now doesn't work.. Then her income dropped.. But that's not a reason for increase because she did it herself. So depending on the reason she still can be impuned to the full amount as before.

[ScottGem]

First its not a good idea to piggyback your question on someone else's. This can lead to confusion. You should start a new thread. That's why this was moved.

The problem here is this has to be affirmed by a court otherwise its not official. Doesn't matter what he signed, if the adoption and TPR was not affirmed by a cout then it never happened.