Legal Question in Family Law in Arizona
Child Support for Adoptive Children who receive State Aid
My boyfriend has three adopted children from a previous marriage. All three are either sisters or half-sisters and all three are Fetal Alcohol Syndrome children. Thus, the State pays their mother (my boyfriend's ex-wife) $1,500 monthly toward their support. When my boyfriend and his wife got divorced, they did one of those ''quickie, $200, fill out the packet'' type divorces and child support is taken out of his paycheck weekly as agreed upon by his ex and himself. I have often wondered whether he would be liable for child support at all if they had gone to court for the divorce, in view of the fact that his Ex receives so much money from the State each month.
1 Answer from Attorneys
Re: Child Support for Adoptive Children who receive State Aid
He still does have an obligation to pay child support. If Mother is receiving the money, then it is included as income to her, which can affect the amount of child support being paid by Father.
If the money is paid to the children directly, and it relates to contributions to social security, or otherwise, from Father, then Father should receive a dollar-for-doller offset for the amounts they receive.
Thus, I cannot answer your questions specifically without knowing more about the money the children are receiveing.
Please call me directly to discuss the specifics of your case, or contact my assistant Cathy to schedule a consultation. I look forward to talking with you.
/s/ Rich J. Peters, Attorney
JON C. DAKE & ASSOC., P.C.
1422 N. 2nd Street, Suite 100
Phoenix, Arizona 85004
602.254.7251
602.254-1229 (facsimile)
see our web page at www.familylawaz.com
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