Legal Question in Family Law in Florida

Adoption and child support

if a couple adopt a child from a relative(wife's sister) and that child never resides with the adoptive partents but with the maternal grandmother and the adoptive couple divorce who is legally responsible for child support. Now the adoptive mother(sister) claimed adoptive child as her dependent and on taxes. The adoptive child never lived and still does not live with either parent, would the burden of child support still be on the adoptive father. Even if they both have successful careers and the adoptive mother had since retired from one and started another?


Asked on 11/30/06, 3:28 pm

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Adoption and child support

Both adoptive parents are responsible for paying their respective shares of the total support obligation owed for this particular child under the Virginia Child Support Guidelines found at Va. Code Sec. 20-108.2.

If the adoptive mother is fraudulently claiming a

deduction for a minor child whom she has never cared for nor who has never resided with her, she has committed serious violations of federal tax law.

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Answered on 11/30/06, 6:57 pm
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: Adoption and child support

Parents are responsible for child support to anyone who has custody of their children. The grandmother may not have any type of custody but if she did the parents (adoptive or natural) would have child support obligations to her.

Good luck.

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Answered on 11/30/06, 8:45 pm


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