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JM54 · Aug 13, 2009, 07:20 PM

My ex-girlfriend and our son moved to NC after she married last year. I have paid child support on time over the years, but have no contact with this child. I signed paper for her husband to adopt my son, the adoption was finalized a month ago in NC. My ex had never notify the county of her move to NC, so all my child support payment were collected by NJ, she did sent me a copy of the adoption paper from NC. How do I go about to terminate my child support obligation in NJ? Will the termination be retroactive to the date of adoption? At present, support payment is still being deducted from my paycheck every week, will I be able to get any money back?

lolo620 · Aug 13, 2009, 08:06 PM

Im only speaking from experience: My husband legally adopted my daughter a few years ago. My ex paid child support sometimes (sounds like you pay consistently) however as soon as adoption went through payments ceased. In KS (where I live) child support is collected through a payment center and then dispersed. If you have paperwork of adoption and shows you are no longer legal guardian I would get a hold of whoever your child support goes to and find out what to do. Is your ex still receiving the money even though she knows she shouldn't? If so I would assume she would be in some trouble for that. Definitely don't wait around sounds like you got the paperwork on your side to defend yourself. Good luck

ScottGem · Aug 14, 2009, 12:57 AM

I'll bet your ex DID notify the agency collecting child support so that the checks would be mailed to her. If you were divorced in NJ and you still live in NJ, then NJ has jurisdiction.

So you go here:
NJ Child Support - Welcome
As your starting point to reporting the adoption to the agency. They then issue a release to your employer. You can check with them whether they will return any monies paid after the adoption was finalized. You may need to get that from your ex.

JM54 · Aug 14, 2009, 02:31 AM

I know my ex is still getting child support payment from NJ. Her parent still own the house she lived here, besides, NJ provides direct deposit, so there was no disruption to her getting support payment since moving to NC.

ScottGem · Aug 14, 2009, 02:39 AM

Originally Posted by JM54

I know my ex is still getting child support payment from NJ. Her parent still own the house she lived here, besides, NJ provides direct deposit, so there was no disruption to her getting support payment since moving to NC.

The child support order was issued in NJ. You still live in NJ. Therefore NJ has jurisdiction. The Direct Deposit would mean she didn't have to notify NJ of the move as long as she kept the account open.

Her moving to NC has no effect on the support order. The rule is that jurisdiction remains with the court that issued the order unless BOTH parties move from area. And then, a change of jurisdiction would have to be applied for in the area where the child resides.

So, check out the link I gave and you should find instructions on how to request that support cease. Or at least people to contact.

cdad · Aug 14, 2009, 04:26 PM

Another reason you should notify the agency right away is because she is committing fraud by not telling them what's going on. Once the adoption went through that ended your legal obligation to support so anything after that is outright fraud. You need to call the agency first thing moday morning and they might be able to stop it right then and there depending on how much power they have been given by the state.
Also look into filing a final modification if they don't co-operate.