Legal Question in Family Law in South Carolina
child support and children that were adopted
my husband has been paying child support and his children for 25 yrs are so, his wife left the state they were in with her current husband and he adopted them my husband did not know the whereabouts of his children until they were grown and were able to locate him the state of ohio has been taking his refund checks for years and money from his paycheck. Is is right and how can we get it stopped if it is not reight, can he recop any of his monies
1 Answer from Attorneys
Re: child support and children that were adopted
Typically when someone adopts children, the other (biological) parent's obligation to pay child support is terminated along with his parental rights. If no one ever told the State of Ohio about the adoption, then they would have no way to know to stop collecting the child support.
Your husband may have one or more civil causes of action against the mother (and possibly the State of Ohio) if he can prove the facts set forth in your inquiry. You should have him consult with an attorney to discuss these issues in more depth.
If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.
Ben Stevens
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