hi there ... i want to adopt my step children ... i have been married to my husband for 3 years and they have lived with me for that time .... i support them financially ... their birth mother has agreed to sign the adoption papaers if we drop a case for maintanance and we are happy to do so we would rather have the children than the money.... but she wont sign the adoption papers before we sign to stop maintanance .... we are in a catch 22 situation as neither trusts the other not to keep to their part of the agreement .... HELP XX
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Adopting my step children
- Thread starter chance22
- Start date
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If by maintenance are you meaning child support? And what state are you in?
You have forgotten to tell us what state you live in, but I can tell you that no court will allow you to write off child support.
Once the adoption is done, if mom does not owe the state any welfare money for these children, the termination papers made prior to the adoption will likely state that upon mom giving up her parental rights to the children she will no longer be responsible for past present and future child support. Her legal obligation ends with the termination of her rights.
If there was any welfare owed for these children neither you, your husband or the ex have any right to forgive that debt.
Once the adoption is done, if mom does not owe the state any welfare money for these children, the termination papers made prior to the adoption will likely state that upon mom giving up her parental rights to the children she will no longer be responsible for past present and future child support. Her legal obligation ends with the termination of her rights.
If there was any welfare owed for these children neither you, your husband or the ex have any right to forgive that debt.
milspecgirl
Senior Member
a judge will not let you buy the children or her sell the children.
Having been through one of these, I can tell you- the judge will not allow child support to be brought up in the adoption except for the fact that it will eliminate child support from that point forward- which will be listed in the papers. Our judge actually terminated mom's rights when she walked into court and stated she would sign if her CS was erased. This was the final straw for the judge in a year long case, but his exact words were-" No one is selling a child in my court room. I am terminating your rights and I will not allow the father to waive any support at this time."
IF he wants to forgive past child support after the termination/adoption is complete, he has the right to do that. This is provided no money is owed to the state - if the children EVER received any kind of state aid.
Having been through one of these, I can tell you- the judge will not allow child support to be brought up in the adoption except for the fact that it will eliminate child support from that point forward- which will be listed in the papers. Our judge actually terminated mom's rights when she walked into court and stated she would sign if her CS was erased. This was the final straw for the judge in a year long case, but his exact words were-" No one is selling a child in my court room. I am terminating your rights and I will not allow the father to waive any support at this time."
IF he wants to forgive past child support after the termination/adoption is complete, he has the right to do that. This is provided no money is owed to the state - if the children EVER received any kind of state aid.
