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    jhann's Avatar
    jhann Posts: 3, Reputation: 1
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    #1

    Nov 11, 2013, 07:33 PM
    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?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Nov 11, 2013, 07:43 PM
    Hello j:

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

    excon
    jhann's Avatar
    jhann Posts: 3, Reputation: 1
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    #3

    Nov 11, 2013, 08:41 PM
    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?
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #4

    Nov 12, 2013, 04:52 AM
    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.
    jhann's Avatar
    jhann Posts: 3, Reputation: 1
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    #5

    Nov 12, 2013, 03:54 PM
    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
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Nov 12, 2013, 04:04 PM
    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.
    Synnen's Avatar
    Synnen Posts: 7,927, Reputation: 2443
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    #7

    Nov 12, 2013, 04:19 PM
    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?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #8

    Nov 12, 2013, 06:56 PM
    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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