Legal Question in Family Law in Washington
biological child vs. adopted foster child
My ex-husband adopted two foster children with his new wife about 3 years ago. They are now divorcing and she is seeking child support from him in spite of the fact that she receives adoption support and free medical from the state for both kids. He tells me that support enforcement is considering reducing the amount he pays for his biological son to me because he can't afford to pay support for all of them. Can that happen without a legal hearing? What are my rights or rather my son's rights? My ex doesn't exercise visitation with the adopted kids and he regrets being talked into the adopton in the first place. (She has adopted 6 foster kids to date and is receiving adoption support for all of them. This is how she supports herself)He spends as much time as possible with our son.
Wouldn't his obligation to his biological son be more of a priority since there is no state support for him? How can I protect him?
1 Answer from Attorneys
Re: biological child vs. adopted foster child
The first principle to remember here is that adopted children have the same legal status as biological children when it comes to child support. They can also inherit and bring claims against your ex-husband's estate shoul dhe die without a will. (He should make a will ASAP.) There is no "priority" given biological children over adopted children. Your ex shoul dseea competent family lawyer and get his rights explained to him. Yes, DSHS can decrease his child support paid to you by means of a deviation downward based upon children from other marriages. However, this adoption support that the second wife receives also plays a role and should be considered as a basis for deviation downward for him (your ex) as to those other children. You have very limited legal standing, i.e., you can only talk about the support you receive and not about the support the other wife receives. Talk with a family law lawyer soon.
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