Can I request termination of the order and post-adoption arrears?

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Can I request termination of the order and post-adoption arrears?

I signed rights to my ex and her husband in another state to adopt my son. I have 3 children to raise full-time and I cannot afford to fly to see my son live in order to be an adequate “dad”. I fell on rough financial times and the mother has assured me the order was cancelled but that there was interest accruing due to non-payment. OK, no big deal I thought. I have been paying her $900 a month and now that I have a good job again, I get notice from her state that I owe over $26,000 and it’s still accruing at $140 a week. I have to stop this as they instantly started taking half my pay. I’m slowly sinking financially again and my children here are suffering because of it. I bit lost from 2000 miles away.

Asked on January 28, 2013 under Family Law, Colorado

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can request termination of any accruing child support payments for your "former child" that you gave up for adoption and which was adopted by filing a petition with the court where the child support order lies. The problem lies with trying to eliminate accrued pre-adoption arrears.

Under the laws of all states in this country since the child was yours pre-adoption, you are obligated for all accrued and unpaid child support obligation amounts prior to the adoption of this child.


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