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Biological father wants to overturn adoption because of arrears

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justalayman

Senior Member
The custody and visitation motions were only filed to avoid child support payments. We filed for child support afterwards and he never contested.
why would they file such motions if they did not object to the adoption? The fact they were filed in itself shows there was an objection to the adoption as they would otherwise be moot.


so, have you considered offering to drop the child support arrears in exchange for him dropping his action?


Here you want to argue technicalities such as his failure to respond to the filing of the action within the stated period. You can argue technicalities all day long if you want to. You then go on to say the money is not important to you. So, do you want to go to court and fight the issue on technicalities and maybe win, maybe lose, or do you want to be at home with your daughter. Sometimes the real world has a solution the courts are not going to and cannot give you.
 


tercra

Junior Member
why would they file such motions if they did not object to the adoption? The fact they were filed in itself shows there was an objection to the adoption as they would otherwise be moot.


so, have you considered offering to drop the child support arrears in exchange for him dropping his action?


Here you want to argue technicalities such as his failure to respond to the filing of the action within the stated period. You can argue technicalities all day long if you want to. You then go on to say the money is not important to you. So, do you want to go to court and fight the issue on technicalities and maybe win, maybe lose, or do you want to be at home with your daughter. Sometimes the real world has a solution the courts are not going to and cannot give you.

If we could have dropped the arrears, we would have. Unfortunately, arrears are monies owed to the state, not and individual and therefore we have no say in whether they are dropped or not.

The judge, at the time of the adoption hearing, was aware of the other two cases and they were the first two issues discussed. He still granted the adoption, but because the biological father's lawyer claims that my wife misled the court, he filed the three motions, which of the three one was granted....the transcripts of the adoption hearing. So I dont know what they are going to do with that information and what my wife and I can do to prevent this from being overturned. I honestly dont think that the same judge that granted the adoption, would overturn his own ruling.
 

justalayman

Senior Member
The judge, at the time of the adoption hearing, was aware of the other two cases and they were the first two issues discussed. He still granted the adoption, but because the biological father's lawyer claims that my wife misled the court, he filed the three motions, which of the three one was granted....the transcripts of the adoption hearing. So I dont know what they are going to do with that information and what my wife and I can do to prevent this from being overturned.
I honestly dont think that the same judge that granted the adoption, would overturn his own ruling.
If the law supports the bio father, yes, he will as that is what the law requires.


If we could have dropped the arrears, we would have. Unfortunately, arrears are monies owed to the state, not and individual and therefore we have no say in whether they are dropped or not.
yet they were dropped before and only reinstated due to your wife's actions in court? There is something serious missing from that story. If the arrears are owed to the state, they would not have been dropped previously because your wife ignored the hearings on the issue. . Then, your wife would have no control over whether they were reinstated either.

so, either your wife had, and as such, still has, control of the arrears or she doesn't.
 

justalayman

Senior Member
If we could have dropped the arrears, we would have. Unfortunately, arrears are monies owed to the state, not and individual and therefore we have no say in whether they are dropped or not.
.

the arrears are only owed to the state if your wife was on welfare. Other than that, they are simply a judgement held by your wife against the father.
 

LdiJ

Senior Member
Then what ARE you talking about. The attorney won't represent a party without being retained to do so. Being retained = MONEY.

Never mind...you obviously aren't going to get it no matter how many times I say it.
 

LdiJ

Senior Member
If we could have dropped the arrears, we would have. Unfortunately, arrears are monies owed to the state, not and individual and therefore we have no say in whether they are dropped or not.

The judge, at the time of the adoption hearing, was aware of the other two cases and they were the first two issues discussed. He still granted the adoption, but because the biological father's lawyer claims that my wife misled the court, he filed the three motions, which of the three one was granted....the transcripts of the adoption hearing. So I dont know what they are going to do with that information and what my wife and I can do to prevent this from being overturned. I honestly dont think that the same judge that granted the adoption, would overturn his own ruling.

Ok, there is something confusing going on here, because at the previous child support hearing the judge shouldn't have dropped the arrears if they were owed to the state...and that is perhaps why the judge reinstated them. However if they are owed to the state, you are right, there is nothing that you or your wife could do about that.
 

justalayman

Senior Member
However, I would consider another attorney. I kind of find it weird that the current attorney considers that she only worked for you in a stepparent adoption.

Would you two stop arguing. You're starting to sound like that dang justalayman guy and [anybody/everybody else].


I think I got it.


LdiJ is concerned that the attorney claimed to only represent the adopting father in the adoption. Since the mother is a party to that same action and (in this case) be a co-applicant for the adoption, the attorney would have been representing BOTH the adopting father and the mother.

amiright ldij?
 

Zigner

Senior Member, Non-Attorney
Would you two stop arguing. You're starting to sound like that dang justalayman guy and [anybody/everybody else].


I think I got it.


LdiJ is concerned that the attorney claimed to only represent the adopting father in the adoption. Since the mother is a party to that same action and (in this case) be a co-applicant for the adoption, the attorney would have been representing BOTH the adopting father and the mother.

amiright ldij?

I can see that too - but it doesn't change the fact that the attorney won't talk to anybody (except, possibly, for general and brief advice) without being hired. The wife can hire the attorney if she so desires, and that will obviate the worry.
 

justalayman

Senior Member
I can see that too - but it doesn't change the fact that the attorney won't talk to anybody (except, possibly, for general and brief advice) without being hired. The wife can hire the attorney if she so desires, and that will obviate the worry.

I believe ldij's statement (of hiring a different attorney) was based solely on the "she was not my client" position.

Of course, I can't speak for ldij. I'm just trying to help settle the situation and telling it how I see it since I think you are on a different path altogether than where ldij is.
 

Zigner

Senior Member, Non-Attorney
I believe ldij's statement (of hiring a different attorney) was based solely on the "she was not my client" position.

...and I interpreted it differently because the word "was" was not used by the OP. The OP stated that the wife "is" not the client. In order to become a client, one would have to hire the attorney for the current matter.

Don't get me wrong, I *do* see where you (and, possibly, LdiJ) are coming from :)
 

justalayman

Senior Member
I was having the same interpretation as Ld. But wife needs to hire SOMEONE as an attorney and soon.

actually, they both need an attorney. OP has stated he has not retained the lawyer for the current issues either. I would think a common lawyer since they are both parties to the adoption on the same side. Child support is apparently not involved in this issue at the moment. It is only (claimed) to be the instigating fact underlying the appeal.
 

LdiJ

Senior Member
Would you two stop arguing. You're starting to sound like that dang justalayman guy and [anybody/everybody else].


I think I got it.


LdiJ is concerned that the attorney claimed to only represent the adopting father in the adoption. Since the mother is a party to that same action and (in this case) be a co-applicant for the adoption, the attorney would have been representing BOTH the adopting father and the mother.

amiright ldij?

You are absolutely correct.
 

single317dad

Senior Member
I have never cared about the money. All we have ever wanted was for the adoption to go through. He had the opportunity to contest and did not. He assumed that he would no longer be responsible for AY child support. When he found out that he still had to pay the arrears, then he filed to have the adoption overturned. He used the fact that he filed for custody and visitation (which was only done to lower child support payment) to attempt to overturn the adoption.

The custody and visitation motions were only filed to avoid child support payments. We filed for child support afterwards and he never contested.

Someone cares about the money, or they wouldn't have gone to the trouble to reinstate the arrears after they'd been forgiven and his rights already terminated. Either that was done in the interest of collecting the money, or as a punitive measure against the ex; either way, I can imagine how it might be fueling his anger.
 

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