Legal Question in Family Law in California

Why am I being held accountable for back child support for kids I gave up for ad

I have just been notified, by the DA's office, that children I gave up for adoption have been on welefare for years and I am responsible for paying it back. When I signed over my legal rights to these children their father could not be located, so only the guardianship papers were filed, and the adoption papers were waiting in the wings. Well, it turns out that adoption papers were never filed. Is there a common-law rule for this? I was trying to do the right thing for these children and not keep them and condemn them to a life on welefare; even though I did what I thought was best I'm now to be punished by picking parents that kept them on welefare. I already sent copies of the legal papers I signed years ago, but they say that isn't good enough, now I have a court date. What can I do?


Asked on 4/04/00, 3:48 pm

2 Answers from Attorneys

John A. Giffen Law Offices of John A. Giffen

Re: Why am I being held accountable for back child support for kids I gave up fo

Adoption in itself does not terminate your prior obligations for supporting your children. Only when you have signed a relinquishment of your right (consent to adopt) and the adoption and consent are filed with the court, will your rights as well as your obligations to your natural children terminate. All obligations prior to the date the court accepts your termination or relinquishment of rights, continue to be enforcable. The county will usually persue prior obligations if they are substantial. If not, they, many times, will close the case after a relinquishment. You need to see a good family law attorney to advise you on the enforcability of the support obligation. It must be based on your ability to pay. But it is unlkely the court will go back and reduce the back support. You might be able to compromise (negotiate the balance owed) with the county. The court looks at your obligation as owed to the children and until someone else steps up to the plate to accept financial responcibility, by legally adopting and terminating your rights (and obligations), you are on the hook. Sorry

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Answered on 6/15/00, 1:46 am
Michael Gray Barber & Gray, LLP

Re: Why am I being held accountable for back child support for kids I gave up fo

You have nothing to lose by telling your story to the Judge who may feel sorry for you. He or she may tell you that it was your responsibility to follw through and you didn't, but maybe you will get lucky. In any event the Judge may set a very low amount for the back support. It is worth getting a lawyer for this.

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Answered on 4/19/00, 5:10 pm


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