If my baby’s daddy adopts other children, does that mean he does not have to pay back child support?

Asked on November 8, 2011 under Family Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No, it does not mean that at all. Whether he adopts other children or has other biological children of his own does not affect his legal obligation to provide support for the child he had with you, or to pay back child support which he had previously not paid or owed.

On a forward-looking basis (after the adoption), it is possible that if he went to court and showed that he has new family obligations, that he might be able to have his child support obligations to your child modified on the basis that he cannot afford to care for his new children while paying the full amount to your child. However, he would have to go to court to do that, and make a compelling showing of need--and it is still far from certain that he would succeed.


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