Legal Question in Family Law in Arizona

child support after stepparent adoption

Do I have to legally pay child support for my ex wifes son since I adopted him not knowing she planned to divorce me 2 months after adoption was finalized?


Asked on 9/12/99, 3:45 am

2 Answers from Attorneys

Melody Stickel-Martinez Melody Stickel-Martinez, Esq.

Re: child support after stepparent adoption

Since you adopted your ex-wife's son he is now your son and you and your ex-wife are legally responsible for his support. If you have reason to believe that your ex-wife married you for the purposes of you adopting her son for support then I suggest that you contact an attorney in your area to discuss the possibility of having the adoption reversed based on fraud.

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Answered on 9/15/99, 2:13 pm
Jes Beard Jes Beard, Attorney at Law

Re: child support after stepparent adoption

While I am licensed in Tennessee and not in Arizona and I would encourage you to speak in person with an attorney licensed in Arizona who does domestic relations work, I agree with what Melody Stickel-Martinez told you regarding your parental obligations. Once you have adopted, you are the father. Period.

But I disagree with her advice about trying to have the divorce set aside because of fraud. The child is now yours. Accept that fact. Do no force the child to experience the trauma (or learn of it later if the child is very young) of hearing that you, the child's father, are essentially tryong to toss the child back like a fish that is not big enough to keep. This could be very harmful emotionally to the child, and the child is not the one who you believe conned you, but it was instead your wife. Sue HER for fraud, or raise the fraud as an element of the divorce and ask for damages.... but do not do anything to cause the one innocent in this to suffer.... particularly when I would bet that your prospects of undoing the adoption are remote indeed.

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Answered on 9/17/99, 11:23 am


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