Divorce is a complicated matter that can be complicated even further if you have children. Take it one step further if you have an adopted child. Many couples that wind up divorced aren’t sure what their responsibilities are if they have adopted children. What happens to the custody of the children? Does alimony have to be paid? What about child support? Today, we will provide answers to all of your adoption and divorce questions.
What Happens If I Adopt a Child and Then Divorce?
Adopting a child is one of the most exciting days in your life and the life of the child. The child hopes they are moving into a stable home situation with their new parents. Despite this, divorce still happens and the family will have to learn how to live apart. One thing you need to keep in mind is that the parental rights of the adoptive parents do not change if you adopt a child and then divorce.
Do I Have to Pay Child Support for an Adopted Child?
Child support is money paid by the non-custodial parent of a biological or adopted child to the custodial parent of said child. It is often agreed upon by the parents outside of court. If the parents cannot agree, the case might be sent to family court for a decision. Every parent has a duty to provide their biological or adoptive child with financial assistance until the child reaches adulthood. This means that you would be required to pay adoption and child support if adoptive parents divorce.
Do We Need to Have a Custody Agreement?
When you and your spouse decide to file for divorce and have an adopted child, you will still need to have a custody agreement. It might be possible for you and your former spouse to come to a custody agreement on your own, or with the help of both of your attorneys. If you are unable to come to an agreement, you will wind up going to court to present both sides to a judge, who will then determine who becomes the custodial parent and who has visitation rights in the best interest of the child.
What Can Child Support be Used for after a Divorce?
Child support for an adopted child is for the child, not the custodial parent. This means that the money received should be put to good use for the child. For example, the money should be used to help pay for the child’s food, clothing, education, shelter, doctor’s bills, and anything else he or she needs.
How Do I Acquire Back Child Support?
Just because your child is adopted, it doesn’t mean that the non-custodial parent doesn’t have to pay the child support he or she has been ordered to pay by the court. When child support payments aren’t being made, it can be difficult for the custodial parent to raise their child.
If you need to acquire back child support after adoption, it is best to seek the help of an experienced attorney. You will need to file a petition with the court; so the paycheck of the non-custodial parent can be garnished or other methods can be used.
You can also obtain retroactive child support if the child is adopted. Retroactive child support payments take care of the time between when you file for divorce and when the court actually orders child support payments be made by the non-custodial parent.
Filing for Divorce with Adopted Children? Contact an Experienced Family Law Attorney Today
If you are preparing to file for divorce after adoption, it’s important to speak to an experienced family law attorney about your situation. The experienced team from The Law Offices of James C. DeZao, P.A. will fight for your rights like we are working our own case. We will answer your questions promptly and help you understand what is at stake. Call our office at (973) 358-6134 to schedule a free consultation today.