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wackione05 · Dec 5, 2006, 05:32 PM

My boyfriend signed over his rights last December and his ex's new husband adopted the little girl. He still had to pay child support, which the state of AZ took out of his paychecks, all the way up until a few months ago. His work finally received letters stating that the child support was terminated. But today he received papers statng that the child support was going to start up again. Can that happen if the child support has already been terminated for several months. Even the payroll lady at his work can't understand. If you have any information that would be so helpful. My boyfriend is a good person and does not deserve to go through all this again. If they start garnishing his wages again he could lose his apartment which he just got. Thank you for your consideration.

Fr_Chuck · Dec 5, 2006, 05:39 PM

If the child was adopted the child support should end, you will need an attorney to file a motion in the court that his issued the child support decree.

Did the adoption actually happen? You need to hurry to the court issuing the paper work, hopefully it is just a paper work error,

But if the adoption did not happen, the mother may have re-filed for support. ( unless the child had received state funds ( welfare) and the state is wanting to get its money back for the time frame before the adoption.

wackione05 · Dec 5, 2006, 05:54 PM

Thank you for your response that is very helpful. I'm almost positive the adoption did go through and we are going down to the courts tomorrow to find out if it was a paperwork error. If he had been paying child support after the adoption went through would he be able to get that money back? All my boyfriend wants is for this whole thing to be over but I'm just wondering. But if the adoption did happen can they still make him pay child support?? And if they try should he just get an attorney? I'm just asking for worst case scenario. I'm a religious person and respect your advice. Thank you for taking the time to respond.

Fr_Chuck · Dec 5, 2006, 07:57 PM

Ok, about every time I say something can't happen, we find a judge somewhere that makes a me look stupid, but once the adoption is done, no new support should be due, Now if he was behind on payments, he would still owe any past due payments still.

I am only going by what I hear from 100's on sites like this, I have little experience in adoption and child support ( I have a lot of experience in each one separate but not in the two working together)

It could be fraud on the mothers side, trying to get money and not telling the court about the adoption

It could be a dispute on past due support still owed

It could be a court error, heck they garnished my wages last year because of a person with a similar name oweing child support, ( no one even checked my social secuirty number) They took out 3 months before I could get it stopped and I wrote off trying to get it back, since the attorney would have cost me more money.

I do wish you luck, and let us know what the court tells you,

s_cianci · Dec 10, 2006, 07:01 PM

If the child's been adopted then the child support order should be invalid. He should provide copies of the adoption decree as well as the papers received by his employer to the agency in AZ that handles child support collections.

darrellh · Sep 25, 2007, 04:09 PM

I" m needing to know what I have to do to sign over my parental rights in Tennessee. My ex and her new husband do not want me in my children's lives but they keep wanting the child support to keep coming in. my oldest son has gotten unruly and now they are wanting me to take him and fix what they help create. I'm now remarried and this has been going on for 6 yrs. Will it ever stop with her (my ex) getting whatever she wants . She doesn't want the kids but she damn sure won't let me have them . She recently got remarried for the 2nd time and she wants her new husband to be their dad.