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Hi all
My wife just finalized step-parent adoption of my daughter. The bio-mother whose right was terminated still owes me almost $30,000.00 in back child support (it was Court-ordered). Will the office of Attorney General still take my case even my daughter was adopted? or Do i have to hire a private attorney to do this?
I'm not sure where you live, but in Texas, the Attorney General will continue to keep the case. I'm going through a contested adoption, and my attorney and the Attorney General said they will continue to collect. Good Luck.
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I live in Texas. I filed my case with OAG's office online and they've already sent me more forms to fill out. They're going to move on with this case regardless my daughter was adopted. I will keep you guys updated as I hear anything from OAG.
If she wants to hide and run from back child support, that's fine. But I will make sure her picture stays on this list of evaders (well she's not on here just yet.. but you can take a look at some of dads/moms). :P
[url="http://www.oag.state.tx.us/evaders/evader_all.php?newer=Latest"]http://www.oag.state.tx.us/evaders/evader_all.php?newer=Latest[/url]
Update. OAG found bio. 2 months after we filed the application, the wage ganishing is now in place. We got a 1st check from her last week! OAG said I'm supposed to keep up with the payment -both amount and regularity of payments - if she started to fall behind, all I need is to call OAG to report/complain. If she gets 6 months behind now, then they will pursue legal action against her.
Ok, I know this is probably going to really tick people off, but it totally confuses me. I've got to say it.
If the bio parent is NOT the parent anymore, and the adoption has taken place, thereby making the adoptive parent the REAL Mom/Dad.... why do you even want or feel that the prior parent should pay it?
It seems hypocritical to the whole idea and concept of the step-parent adoption in the first place. With this ideology, birth parents who have TPR'd should still be paying child support to the adoptive parents. I honestly do not get it.
I'm coming from a place here where my DS has had NO contact from his bioD in YEARS and while a formal adoption is not complete, my DH IS his dad - in everyones eyes. That makes his care OUR responsibility... not the MIA X-dad.
In Texas, I tried and tried to get the AG office to terminate the collection and STOP forwarding them. They wouldn't. So for a while we just returned them unopened. Then it stopped for a long while, and then we got dozens of checks all at once - also returned. Now it has stopped again. ::shrug::
I suppose the argument might be that "the money is for the care of the child"... well, kids don't come into the world with 3 parents - just 2... and my DS HAS 2 parents providing for him. It would be akin to taking money from my next door neighbor for his care.
I apologize in advance for ruffling any feathers but seriously - I just DO NOT get it. At All.
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The bio does not owe any future child support but she/he is still responsible for back child support. Also don't get confused here- the money goes to the Custodial Parent -myself. Not to my wife - adoptive parent.
I agree with OAG's policy - OAG will still collect the back child support with interests added every year until the bio pays every penny off.
We, Custodial Parents, did everything for kids without bio's help. What if they could write off their balances just because kids got adopted? What is the point of having OAG if they don't have to pay a penny after all? They could just run and hide until the kid gets adopted-until the balance is written off. I find it encouraging that the system is in place so that the bio like my ex STILL is responsible for whatever she owes - she had every chance to modify the amount but never did. Why? Because she's the type of person who can leave a child behind and move on.
My wife and I have raised my child for last 6 years while the bio was running around partying, never visited the child, and ignored the court ordered child support for the while time. What is the justice here?
I can tell you that we're so glad that we finished the process of adoption. And we're very proud of ourselves for gathering info and studied the court system. Let's not forget that it was not free- yes, adoption is expensive - as well as raising a child. So why let the bio go free? That's what I want to ask.
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If the bio is "let to go free" as a parent, where is their financial responsibility, thats my question.
Either they ARE a parent or they AREN'T.
I know that your view is the most common and popular one. It's also true that most kids w/ deadbeat parents ARE NOT later adopted by a step or otherwise.
I still stand by my confusion and think that the situation (not yours in particular, just the whole thing in general) is the antithesis of all that adoption truly means.
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DS understands there is a bio - but does not in any way, shape or form consider him a "dad". He's never really known him as such.
We didn't "wish" him away - he just IS away... Never a presence of dad at all really.
We don't feel "bad" about the checks - they just don't make any sense to us, or to DS who is nearly grown.
We can't say on the one hand that that person is not the dad and then hold him to act like one (as if he ever did).
I still say that step adoption is adoption like any other. I don't pay child support as the bio to my adopted childs aparents.... My DS's bio has no obligation to pay child support to this adopted child either.
I'm not knocking any one for their way of handling it, just saying it doesn't make sense to me.
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numbr1dbcksfan
Im kind of at a loss as to why.. when everyone tries so hard to get non-custodial parents to be responsible and pay their support.. why there are some out there who want to fight that.
My situation isn't their situation. Theirs isn't mine. My situation handled differently wouldn't fix anything for anyone else.
This is the absolute right thing for our family and situation. :::shrug:::
I'm truly not bashing, just trying to understand where others are coming from.
Birth4Mom3
Ok, I know this is probably going to really tick people off, but it totally confuses me. I've got to say it.
If the bio parent is NOT the parent anymore, and the adoption has taken place, thereby making the adoptive parent the REAL Mom/Dad.... why do you even want or feel that the prior parent should pay it?
It seems hypocritical to the whole idea and concept of the step-parent adoption in the first place. With this ideology, birth parents who have TPR'd should still be paying child support to the adoptive parents. I honestly do not get it.
I'm coming from a place here where my DS has had NO contact from his bioD in YEARS and while a formal adoption is not complete, my DH IS his dad - in everyones eyes. That makes his care OUR responsibility... not the MIA X-dad.
In Texas, I tried and tried to get the AG office to terminate the collection and STOP forwarding them. They wouldn't. So for a while we just returned them unopened. Then it stopped for a long while, and then we got dozens of checks all at once - also returned. Now it has stopped again. ::shrug::
I suppose the argument might be that "the money is for the care of the child"... well, kids don't come into the world with 3 parents - just 2... and my DS HAS 2 parents providing for him. It would be akin to taking money from my next door neighbor for his care.
I apologize in advance for ruffling any feathers but seriously - I just DO NOT get it. At All.
birth4mom3, wasn't sure if you were still posting here but thought I'd check anyway. Are you in Texas? Are you still trying to stop the payments? Just curious because I know it can be stopped legally through the oag's office.
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We wouldn't accept a single red cent from our sons b-dad even if by some unbelievable miracle he could actually pull one together. He doesn't deserve so much as the acknowledgement of even owing past child support. He was never a dad. And as such we don't see him as "owing" us anything. If you need it then I guess pursue it. We simply dont' care though.
I see most of these responses are 2005-2007. It is now 2013 and I know Texas Child Support rules changed about 3 years ago. I have a question that seems simple, but I am having a hard time finding an answer.
My ex and I divorced in 2004 (daughter 2yo at the time) I moved from Texas to Oregon in 2007 when my daughter was 5. I always wanted to get back to her and did every summer until Texas decided to change the support agreed upon in the divorce decree to a standard 20% + 100% of the pre-taxed medical/dental/vision.
Now, I have absolutely no money to support 3 step kids in Oregon (Texas does not care if you have any step kids) and have any visiting money because the child support + medical/dental/vision effectively is about 26% of my gross pay for one child and over half of my take home for one child.
I never thought I would say this, but because of the Texas Attorney General, I have to choose between alienating my biological daughter or alienating 3 kids that call me daddy. I have been beating myself with this situation for over a year now.
I am currently visiting in Texas knowing I can't afford it only to find out my daughter does not call me daddy anymore and instead calls her step father daddy. She also feels uncomfortable when I hug her. Two things I never thought would happen. Now, I feel as though my daughter is not may daughter (and the other way around I suppose).
I guess what I am trying to get at, is I know the step dad wanted to adopt her about 8 years ago and I refused. Now it seems as though that is best thing. Does anyone know if, by Texas rules, if he adopts her now, does that relieve me of support duties for the biological so that I can support my three step kids?
TPR'd parents do pay child support. I had an abuse case against me. when it was closed, the worker asked me where both birth fathers were so DSS could collect child support. One bio father is incarcerated and I was told whatever monies he gets is garnisheed for support.
Birth4Mom3
Ok, I know this is probably going to really tick people off, but it totally confuses me. I've got to say it.
If the bio parent is NOT the parent anymore, and the adoption has taken place, thereby making the adoptive parent the REAL Mom/Dad.... why do you even want or feel that the prior parent should pay it?
It seems hypocritical to the whole idea and concept of the step-parent adoption in the first place. With this ideology, birth parents who have TPR'd should still be paying child support to the adoptive parents. I honestly do not get it.
I'm coming from a place here where my DS has had NO contact from his bioD in YEARS and while a formal adoption is not complete, my DH IS his dad - in everyones eyes. That makes his care OUR responsibility... not the MIA X-dad.
In Texas, I tried and tried to get the AG office to terminate the collection and STOP forwarding them. They wouldn't. So for a while we just returned them unopened. Then it stopped for a long while, and then we got dozens of checks all at once - also returned. Now it has stopped again. ::shrug::
I suppose the argument might be that "the money is for the care of the child"... well, kids don't come into the world with 3 parents - just 2... and my DS HAS 2 parents providing for him. It would be akin to taking money from my next door neighbor for his care.
I apologize in advance for ruffling any feathers but seriously - I just DO NOT get it. At All.
Giving a child up for adoption transfers all responsibility to its adoptive parents and takes the biological parent(s) out of the picture.
Biological father is no longer financially responsible. He will not have to pay back child support or continue to pay in the future. By signing away his parental rights he will not have any rights or responsibilities.
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Congratulations on the step parent adoption! I know this post is old but I wanted to answer this. Yes the biological mother will still need to owe the back child support but she will no longer get billed for the future. I hope this answers some questions. If you have more questions I found a good FAQ page for step parent adoption. http://www.rapidadoption.com/support.html