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tfairbee · Dec 17, 2011, 09:53 PM

Before I was married to my husband,I filled for child support through the state of Georgia. After 3 1/2 years I got a message that a order by the courts was put in place for the father to start paying in 2012. My husband finalized the adoption the day before I got the notice about the child support.Is back child support for the still apply for the 8 years the father been absent? Thanks for your answer

Fr_Chuck · Dec 17, 2011, 09:55 PM

When your ex signed over his rights to allow the adoption, how did the adoption paper work address this. I am sure your ex would not have signed without some written plan on this ?

But normally any new support ends, but all back support that is due, would still be paid.

tfairbee · Dec 17, 2011, 09:59 PM

The adoption was aloud because the father abandon the child . He didn't sign over his right.

The father's rights were revoked the day before the child support order was finalized.

In 8 years this is the first child support order. Would it still be valid for the 8 years that has passed.Even with the new adoption?

ScottGem · Dec 18, 2011, 08:57 AM

So the child support order was first issued 8 years ago? If so, then he is still responsible for the support from when the award says he is. But his obligation for future support ended on the day the adoption was finalized.

Are you saying the father did not agree to the adoption? Was he contacted? Or was an legal attempt made to contact him?

AK lawyer · Dec 18, 2011, 10:18 AM

Originally Posted by tfairbee

... Would it still be valid for the 8 years that has passed.Even with the new adoption?

It should say whether it is for child support for those previous years. If so, yes, it's still valid unless the adoption decree says that it's forgiven.

In other words, the answer should be spelled out in the paperwork.

tfairbee · Dec 18, 2011, 12:37 PM

Legal attempts where made. I don't know what the child support order states. I just receive an email from the state say he showed for court and agreed to pay.the adoption was final the day before the court date for child support.

ScottGem · Dec 18, 2011, 12:48 PM

That is curious. He doesn't respond to requests to allow the adoption, but then all of a sudden shows up to agree to pay support.

Either this is a ploy to overturn the adoption or he thinks the adoption will negate the support. But if you satisfied the legal requirements to get his approval, I doubt if it will be overturned. On the other hand he may be in for a surprise that he will still have to pay back support.

tfairbee · Dec 18, 2011, 01:08 PM

I went back over the adoption paper work,there was noting said on child support only a question asking had there ever been child support. Which was no.

tfairbee · Dec 18, 2011, 01:12 PM

New question, will the state send me a copy of the order from child support decree.. Should I contact the child support agency and show them my adoption papers

Fr_Chuck · Dec 18, 2011, 01:37 PM

If the child support order was approved and signed by the judge AFTER the adoption, it would in my opinion not be valild and perhaps even done under fraud. Since one can not get child support after the adoption, At best it would be from when the support order was filed till the adoption date.

My concern as noted above, he went to a child support hearing and agreed, but did not show up at an adoption hearing ? I will hope he was legally served, He is aware of the adoption ?

AK lawyer · Dec 18, 2011, 01:41 PM

Originally Posted by tfairbee

New question, will the state send me a copy of the order from child support decree.. Should I contact the child support agency and show them my adoption papers

Of course they should send you the decree. And yes, tell them about the adoption. It looks like a case of one hand not knowing what the other is doing.

ScottGem · Dec 18, 2011, 02:04 PM

Originally Posted by tfairbee

I went back over the adoption paper work,there was noting said on child support only a question asking had there ever been child support. Which was no.

This may be a trap unless the question was "has child support ever been paid?' a No answer may have been wrong. The question could have meant whether support has ever been ordered. From what you have said the answer to that should have been yes.

And I agree with AK, you are entitled to copies of any court papers that pertain to you. You should also inform the child support agency about the adoption.

cdad · Dec 18, 2011, 02:14 PM

Originally Posted by ScottGem

This may be a trap unless the question was "has child support ever been paid?' a No answer may have been wrong. The question could have meant whether support has ever been ordered. From what you have said the answer to that should have been yes.

And I agree with AK, you are entitled to copies of any court papers that pertain to you. You should also inform the the child support agency about the adoption.

There is no such entitlement to paperwork in many states. The OP would have to request it and pay any fees involved. Its not an automatic thing.

ScottGem · Dec 18, 2011, 02:16 PM

Originally Posted by califdadof3

There is no such entitlement to paperwork in many states. The OP would have to request it and pay any fees involved. Its not an automatic thing.

Didn't mean it was automatic. Thanks for clarifying. Yes in many places the interested party will need to specifically request copies and pay any fees involved. I just meant that they are entitled to the copies if they ask for them.

tfairbee · Dec 18, 2011, 06:57 PM

Fr_Chuck: There was no fraud or playing games. I was honest with the judge. There had never been a child support order or any support from him in 8 years. I only applied for child support 2009. There had been several court dates for child support but the father never showed. I did do a diligent search for the father,I paid an online people search and reached out to the grandfather who had no contact information for his son. Everything that was requested of us by the judge. I did Facebook and my space leaving messages and we did a newpaper listing with the court date of the adoption he did NOT reply at all. ScottGem: I was Shocked,that he went to court.

tfairbee · Dec 18, 2011, 07:03 PM

The adoption was the day before the child support court date. The only thing is I don't know what Date the judge signed the papers for. I haven't received our final copy for the adoption.

Fr_Chuck · Dec 18, 2011, 07:04 PM

Sorry, fraud in a since that the court for the child support may not have been notified of the adoption proceeding. Merely a reason to have it over turned, no intent or wrong doing personally, perhaps even an attorney error.

When did he find out about the adoption?

tfairbee · Dec 18, 2011, 07:17 PM

I don't think he knows. I have had no contact with him.

tfairbee · Dec 18, 2011, 07:25 PM

In my diligent search I showed the judge print outs that there was a child support attempt for him.But I did not contact the child support enforcement

tfairbee · Dec 19, 2011, 08:27 AM

Fr_Chuck: you state it could be turned over? What over turned? The adoption or child support