Legal Question in Family Law in Wisconsin

My fiance signed terminated his rights to his son so that his mother's new husband could adopt him. He is stll paying child support can we have the support stopped? I know he will still be responsible for the back support. But how do we get the support stopped?


Asked on 1/24/13, 12:38 pm

1 Answer from Attorneys

Richard Missimer Missimer Law, S.C.

You probably will not be able to.

There must be a signed Hold Harmless Agreement between the BioDad and the New adoptive father that says he will pay any and all child support obligations. There must then be NEW consideration for that agreement. That consideration is usually is the signing of the TPR. But because that has already occurred it can not be consideration.

Consideration would be the value of the child support for the balance of the payment period. I have no idea what you will now use as NEW consideration of that value to make that agreement. So, it is HIGHLY LIKELY not to occur. And that assumes they are even willing to sign it. Why would they,.

This is why it is so important to have a lawyer that covers all these bases.

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Answered on 8/10/13, 4:33 am


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