Legal Question in Family Law in Maryland

Child Support and Adoption

The mother of my child is going to sign over her rights for adoption to my wife. She mother owes to me several thousand dollars in child support. If she signs her rights over does she still owe the money? I went through Child support enforcement. Do they still pursue the arrears? How many years after she signs him over do I have to collect on the money? Thanks.


Asked on 10/24/03, 2:22 pm

2 Answers from Attorneys
Robert Sher Wagshal and Sher

Re: Child Support and Adoption

The mother will still owe back support up until the time she relinquishes her parental rights. You can pursue the arrears on your own; you'll have to check with OCSE to see if they'll do it for you. A claim for arrearage can seek support for up to three years from the date the claim is filed.

Read more
Answered on 10/24/03, 2:31 pm
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Child Support and Adoption

The arrears are actionable as contempt within 3 years of the order. Generally your right to act on any action not yet taken is the same (e.g., contract action, unpaid bills, etc.) If you have an incorporated agreement then the limitations period is 12 years. A decree of adoption eliminates only the future duty of support for the mother or father giving the child up to the adoption. You are working with OCSE and continue unless you would like to hire an attorney to pursue private action. Contact me at (410) 799-9002.

Read more
Answered on 10/25/03, 12:04 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Maryland