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Cassidy9 · May 8, 2014, 08:00 AM

Does any one know what rights I would have on child support for adopted son.
I was married for 12 years and adopted my Exwifes son. His biolgical father walked out on him the day he was born. My son is disabled and his father never paid a penny of child support prior to my adopting him. He owes over $20,000 in back child support from before I adopted my son. I have loved and supported him and feel he is my own son for over 10 years now. This is the real issue. We separeted two years ago and have been divorced for almost a year now. The divorce was my wife's choice not mine. Now she is living with and marring my adopted sons biological father. Who my son now calls Daddy. I have paid child support from the day she told me to leave. I feel like a fool supporting his child while he sits at home playing Daddy. What are my rights and can I make him pay for the child support he owed from before I adpoted his son? We live in NYS.

AK lawyer · May 8, 2014, 08:38 AM

Legally speaking, you are the boy's father. Thus you presumably owed child support, from the date you separated from your ex-wife (his mother). This should have been spelled out in your divorce decree.

If she now chooses to live with someone else (your son's biological father or someone else) doesn't change your ongoing child support obligation.

The child support the biological father owed your ex wife probably wasn't wiped out by the adoption (unless the adoption decree says otherwise). But this was owed to her, not to you. Thus no, you cannot collect it.

I feel like a fool supporting his child

Well, you are not a fool, you are a responsible father. The boy is not his child, although he may have procreated him. Presumably you still love your son, so support him willingly. And, by the way, did you not receive visitation rights in the divorce? Are you exercising your visitation? If not, why not?

Cassidy9 · May 8, 2014, 09:30 AM

Yes I have visitation rights and have never missed a visit.

AK lawyer · May 8, 2014, 10:35 AM

The fact that she is marrying him doesn't affect your rights at all. He will be nothing more, legally speaking, than a step-father. Step-fathers have no legal rights regarding their step-children.

cdad · May 8, 2014, 10:40 AM

What does your original adoption papers say regaurding your son and the bio dad? If he gave up all rights and wasn't suppose to be around the child the mother and the bio father may face legal trouble over it. When an adoption is done it is normal to terminate all rights of the parent or parents giving up the child. Most adoptions are of 2 kinds. Open adoption and a Closed adoption. You need to look at that paperwork to find more answers. It is possible that he may be liable for all the support that has been paid but your rights to the child may be given up in the process.

ScottGem · May 8, 2014, 10:42 AM

What AK said. He has no more rights as a father then if he was a stranger who married the child's mother. If he tries to assert any rights you can block him.

You are not supporting his child because his rights were terminated. The child is yours so you are supporting your child. You are not a fool because you love your son and want to continue to be a part of his life.