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step parent adoption and child support

Discussion in 'Adoption' started by needshelp22, Jun 8, 2015.

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  1. needshelp22

    needshelp22 Law Topic Starter New Member

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    We are currently looking for a lawyer but I need advice in the mean time. My husband wants to adopt my child from a previous relationship. Long story short, we have an order from abuse against my ex but he is still required to pay child support. My husband and I want to put the money from the child support card in a bank account that, over time, will gain interest for his college fund or to use as he wishes when he graduates high school. My husbandis concerned that if we take the money off the card before he adopts my son, that they judge will look at it as we needed my ex's money to raise my son. Will it be brought up in court if we've used the child support money or if we left it on the card?
     
  2. ElleMD

    ElleMD Well-Known Member

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    No. However, if you get your ex to agree to relinquish his parental rights to allow for the adoption, you will stop receiving support. The money should have been used for the child's support. How you accomplish that is up to you.
     
  3. shrinkmaster

    shrinkmaster Well-Known Member

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  4. Betty3

    Betty3 Super Moderator

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    Agree; as long as the child's needs are met (he doesn't lack for any essentials ....), you can use the support money as you wish. There should not be a problem with that.
     
  5. needshelp22

    needshelp22 Law Topic Starter New Member

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    But will the judge even ask if we use the child support? My ex rarely paid so I never checked the card until recently. My son's needs are met completely without any of my ex's money.
     
  6. needshelp22

    needshelp22 Law Topic Starter New Member

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    I'm fine with not receiving child support. Even now I'd rather not have his money as long as he has no custody.
     
  7. shrinkmaster

    shrinkmaster Well-Known Member

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    The two are unrelated dont confuse things that they are
     
  8. needshelp22

    needshelp22 Law Topic Starter New Member

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    So I'm fine to move the money without the fear of showing the judge we need my ex? I just want to make sure it doesn't hurt our case. We have evidence of abuse and neglect which is why we have the pfa but we weren't allowed an adoption at the time because in PA we were told me must be married for 1 year.
     
  9. shrinkmaster

    shrinkmaster Well-Known Member

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    What you do with support money is up to you long as the child's needs are met. Custody and support are pretty much unrelated to each other. If you dont need it put it away in an account for the child. What you really need to do this is a Lawyer. the step parent adoption process is a long one not using the services of an Attorney will likely delay that even further
     
  10. needshelp22

    needshelp22 Law Topic Starter New Member

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    We are in the process of trying to find a lawyer. We finally have been married for a year, which is what we were told to wait for.
     
  11. army judge

    army judge Super Moderator

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    Great, good luck in hiring the right lawyer.
    There are many, I''m sure that can help you.
    This is all the assistance we can offer.
     

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