Legal Question in Family Law in Washington

adoption/divorce

My wife and i are in the final stages of an adoption. Things are not going so well and we may be facing divorce. If the adoption goes forward and we end up divorced, am I going to be responsible for child support. Second question, is there something that can be signed prior to the adoption that eliminates me from having to pay child support if we divorce?


Asked on 12/08/07, 7:13 pm

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: adoption/divorce

I am concerned that you need to be truthful with the attorney who is representing you and your wife regarding the adoption. If the attorney learns that there are issues with the marriage, they have to determine whether it is best to finalize the adoption or stop the process. Also, when your marriage ends, you and your now-wife have interests that diverge.

You need to make this clear to the adoption attorney, because that person is going to have to withdraw if you and your wife are not aligned and that could derail the adoption (which may be what you want).

The parent who is not the primary residential parent will pay child support to the primary residential parent, barring some circumstances that may or may not apply to you.

What you can sign that could - possibly - eliminate your child support obligation before the adoption is finalized is a divorce petition. That will stop the adoption, as the Court will not approve placing a child with just one parent.

Elizabeth Powell

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Answered on 12/08/07, 11:49 pm


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