My childs father rarely, if ever, paid support during the years from our divorce to the time of her step-father adopting her. The state of florida retained his IRS return last year and forwarded the funds to me toward the arrearage. Now they are requesting it back stating it was an overpayment. Did all of his support arrearage simply disappear since she was adopted? It seems to me that he would still shoulder the obligation until such time as the adoption which of course he would not longer have any responsibility.

My childs father rarely, if ever, paid support during the years from our divorce to the time of her step-father adopting her. The state of florida retained his IRS return last year and forwarded the funds to me toward the arrearage. Now they are requesting it back stating it was an overpayment. Did all of his support arrearage simply disappear since she was adopted? It seems to me that he would still shoulder the obligation until such time as the adoption which of course he would not longer have any responsibility.


Um.. no.. the state of FLorida is not correct unless you signed some sort of waiver forgiving arrears. Arrears continue to add up until which time the adoption of the children is finalized.

If I were you I would respond to the letter of such showing records of what was owed and why. Were you ever on states assistance? Could the state be saying that is for them? When was the adoption finalized? Was it before the tax season and they are possibly saying they couldn't legally take his tax check (which isn't true.. but whatever).

If you believe that you are entitled to the arrearage, you need to challenge them in court and get a court order that the arrearage is owed to you and force them to declare what is owed to them, if any. They may be claiming processing fees of some kind or recoupment for past aid. You may need to get an attorney.