Hello, this is a 2nd post. I just found out my child has been adopted 'in the notes' since 1995 from West Virginas Child Enforcement, but still have court order in Florida to pay till shes 18. Need help cant afford attonery. Also since 1994 I moved and switched jobs many times my emploter hasnt recevied and income deduction orders.
2007-09-25 06:19:31 · 14 answers · asked by MikeScantland 1 in Pregnancy & Parenting ➔ Adoption
Are you in Florida? Go to your local Legal Services or Legal Aid office (they are in the phone book) and ask to speak to an attorney. Someone should be able to give you advice. They may also have a Community Law Program or a Volunteer Lawyers group in your area so that you can be assigned to an attorney for free or very low cost. You need to file a motion with the Florida court to end the order of support and to cancel any support you may still owe from the date of the child's adoption. When you meet with the attorney, bring all paperwork with you, especially the proof you have that your child was adopted and when. Good luck.
2007-09-26 08:24:16 · answer #1 · answered by Anonymous · 0⤊ 0⤋
If the child was adopted, but the adoption didn't mention terminating child support then you are still liable for support. You will need to get a lawyer to get a court to order the termination of support due to the child being adopted. Many people think it is automatic but it isn't.
If you can't afford a lawyer look into legal aide or see about petitioning the court yourself. It shouldn't be too hard to represent yourself. You will simply have to prove to a judge that the child has been adopted.
You may also look into suing the person who adopted the child (I'm assuming a step parent) for all the support you have paid since the adoption became final.
2007-09-25 18:31:36 · answer #2 · answered by Willow 5 · 1⤊ 1⤋
I have no idea how this child could be legally adopted without your signature of consent. This doesn't sound right to me.
Go for custody by filing a summons and Complaint with the West Virginia Family Court.
Also, get a notarized copy of the paperwork dated 1995 stating she was adopted.
The following link describes the West Virginia Adoption laws, if you did not sign, it is NOT legal.
2007-09-25 14:50:31 · answer #3 · answered by Lisa M 2 · 0⤊ 0⤋
I would start at a law school and go to their law office...they let students advise people on cases like this. Contact one in your area. It sounds like you will need to get a copy of the child's adoption papers and then supply them to Florida. However I'm not sure how much luck you will have getting them to pay back what you have already paid out. Good luck.
2007-09-26 15:16:32 · answer #4 · answered by wife2denizmoi 5 · 0⤊ 0⤋
if you have not been paying your currently in violation of the original order. you can file a motion to stop payment in florida based on grounds of adoption or you can apply for custody since the adoption took place without your knowledge. If you have been negligent in paying support you will be ordered to pay the adoptive parents support until the child reaches 18. your best bet is to contact a fathers rights activist or an attorney for fathers rights.
2007-09-25 13:26:26 · answer #5 · answered by pegasis 5 · 0⤊ 1⤋
You have to go to the child support office where the motion was filed originally, and ask for a form to fill out to change what you are currently paying. If you have no money to pay for the filing charge, then ask for the form that you fill out to have a judge wave your fees. Contact the office that the original child support order was first filed at.
2007-09-25 13:31:18 · answer #6 · answered by Anonymous · 0⤊ 0⤋
you dont really have an option per say.
get a lawyer..
the time and hassles you will endure not knowing the system
will more or less cost you more then hiring a lawyer
and if that statement holds up about adopted since 95,
ether Florida or your x/whoever got the check will have to repay this..
if Florida was notified in 95.. and that is proved. .then its on Florida's back to pay it
2007-09-25 14:04:08 · answer #7 · answered by pokerfaces55 5 · 0⤊ 0⤋
I think the easiest thing to do would be to contact child support services in Florida and tell them and see if they can handle it for you. Also, it has been known to happen that even though the father may lose all rights to the child, he continues to have to pay support in cases of abuse and such. Good luck
2007-09-25 14:06:56 · answer #8 · answered by Done 5 · 0⤊ 0⤋
It is my understanding form something that a friend of mine went through if the child has been legally adopted then its not longer your responsibleity and all the pay you've paid since 95 should be reimbursed to you. Definatly get a lawyer. The child is no longer your legal responibily
2007-09-25 13:25:14 · answer #9 · answered by his wife 4 · 4⤊ 1⤋
go to the court house and bring your proof of the child's adoption. ask what you need to do to be relieved of the support order.
2007-09-25 13:31:52 · answer #10 · answered by Nora 7 · 0⤊ 0⤋