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Adoption and back child support Illinois

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  • Adoption and back child support Illinois

    Hello,

    I have got pretty serious with my girlfriend and may be looking to get married soon. She has children 4yrs old from previous relationship but was not married. The father has admitted in court to being the father and has been ordered to pay child support. Well lets just say he is a dead beat dad. He really has not paid her much in child support and owes a lot of back child support. Now for my question. If we were to get married and I adopt her kids granted he signs off on it if he even shows up or cares. Does that mean it erases all the back child support once I adopt the children or does he still have to pay that?

    Talking with my girlfriend and being new to all this our legal system seems to favor the dead beats man or woman rather then the parent that is doing the right thing.
    Last edited by iamtgo3; 12-11-2006, 08:36 PM.

  • #2
    No. If you were to adopt the children (thus terminating his parental rights) child support would not be owed from the date of termination of rights going forward. Any support owed from before that date is still legally owed. She can decide whether to forgive the arrearages (which, really, if he hasn't paid until that date, what's the point of trying to collect?) or if she wants to continue persuing collection.

    (BTW, offering to "forgive" the debt is a common bargaining chip to facilitate termination of parental rights)
    HOOK 'EM HORNS!!!
    How do you catch a very rare rabbit?
    (unique up on him)
    How do catch an ordinary rabbit?
    (same way)

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    • #3
      Originally posted by mommyof4 View Post
      No. If you were to adopt the children (thus terminating his parental rights) child support would not be owed from the date of termination of rights going forward. Any support owed from before that date is still legally owed. She can decide whether to forgive the arrearages (which, really, if he hasn't paid until that date, what's the point of trying to collect?) or if she wants to continue persuing collection.

      (BTW, offering to "forgive" the debt is a common bargaining chip to facilitate termination of parental rights)
      mommyof4 you are a plethora of knowledge over there : )

      Thanks that answers that question. Again with the legal system this should not be an option to pay back or not pay back back child support. This should be mandatory regardless if someone wants to adopt the child. If this was the case it would give the parent doing the right thing what is legally owed and not give the deadbeat a bargaining chip to hold over the good parents head and give them more rights.

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      • #4
        It IS mandatory that the back support be paid. However, the parent wishing to terminate the other's rights will "forgive" (in other words, never push for collection or submit a reciept stating that the debt has been paid) if that is what he or she decides to do to push a reluctant parent to terminate parental rights. It is not the state that forgives the arrearage.
        HOOK 'EM HORNS!!!
        How do you catch a very rare rabbit?
        (unique up on him)
        How do catch an ordinary rabbit?
        (same way)

        Comment


        • #5
          mommyof4

          Sorry if I miss lead you on how I wrote that. What I ment is it should be mandatory for them to pay that back without any option to "forgive" (in other words, never push for collection or submit a receipt stating that the debt has been paid) regardless of termination of parental rights. It should be a debt that cannot in any shape or form go away as long as the person is alive. They must pay back the back child support!!! No bargaining chip no leeway for the deadbeat they have to step up, grow up and be responsible and pay up what is owed to the responsible parent. This gives the deadbeat a loop hole to completely shriek there lack of responsibility.

          I hope that explains it better
          Last edited by iamtgo3; 12-12-2006, 09:11 AM.

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          • #6
            I understand what you are saying and in a perfect world, every parent would step up to the plate. However, if the parent is already failing to support his or her child, and termination of rights is granted, then what's the point of further wasting energy, time and money on the loser? That's why rights were terminated to begin with. Focus on the happiness of the child, how lucky you are that he contributed to the child's very life, and what you can do to be the best Daddy, ever.

            He's not worth the time it wastes to think his name, much less pursuit of what he owes.
            Last edited by mommyof4; 12-12-2006, 09:18 AM.
            HOOK 'EM HORNS!!!
            How do you catch a very rare rabbit?
            (unique up on him)
            How do catch an ordinary rabbit?
            (same way)

            Comment


            • #7
              mommyof4

              You are correct I sure hope bad carma what goes around comes around rings true here. I just hate to see a child suffer due to the inability of a deadbeat adult to step up to the plate and take there fare share of responsibility. Thanks so much for all your advice on my post.

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