Legal Question in Family Law in California

Adoption and Back Child Support

Is this true? If I am a male and wanting to adopt my fiance's 5 year old child, will I will be responsible for any back child support payments that the biological father did NOT pay? A County Social Worker told me this.


Asked on 4/30/08, 7:05 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Adoption and Back Child Support

That is the first time I've heard that. I believe that the social worker is incorrect. The judgment is in the name of the biological father. The biological father is the judgment debtor and not you. If the child support is payable to mother then she could agree to waive payment. Any payment due to the county for aid would require the agency to get a judgment against you. It seems unlikely that the court would find that you are liable for the aid paid prior to the adoption.

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Answered on 5/10/08, 3:35 pm


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