QUESTION
Am I entitled to child support under the law?
Asked on Aug 19th, 2011 on Child Custody - Oregon
More details to this question:
My husband and I are legal guardians to a 5 year old girl whom we intended to adopt together. She has lived with us 1.5 years of our 5 year marriage. My question is whether I am entitled to child support for this little girl when we divorce. I will be taking sole custody and plan to adopt her on my own, which will likely be a long process. My husband does not believe that he has any financial responsibility to the child since we have not actually adopted her. I feel that she does qualify as a 'child of the marriage' and he should be responsible for at least some portion of child support? Is there a guideline around our situation?
10 ANSWERS
Family Law Attorney serving Everett, WA
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Burkhalter Law PLLC
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He will have a support obligation if the adoption goes through and you are the primary parent.
Answered on Aug 24th, 2011 at 5:29 PM
Several points. Unless your husband is the biological or adopted parent of this child, he likely has no child support obligation under the law. I would like to speak with you about the details, however. Our firm also represents clients in adoptions and can offer you a free consultation to discuss this case.
Answered on Aug 24th, 2011 at 11:34 AM
This response does not establish an attorney-client relationship nor is it an acceptable substitute for seeking legal advice.
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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I'm not sure what you mean by "guardian" of a child. He many have temporarily some legal obligation to pay support but if you two are not legally obligated to support the child, you won't be getting support from him for the child after the divorce.
Answered on Aug 23rd, 2011 at 12:29 PM
Steven D. Dunnings
Have the parental rights of the biological parents been terminated? Is anyone currently paying support for this child? Your husband would not be obligated to pay support unless he legally adopts the child.
Answered on Aug 23rd, 2011 at 12:04 PM
Roianne Houlton Conner
If you have not legally adopted this child then you are NOT entitled to any support at the time of the divorce.
Answered on Aug 23rd, 2011 at 7:52 AM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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It is unlikely that a court would give you child support as she hasn't been adopted yet. You still can back out and so can he.
Answered on Aug 22nd, 2011 at 8:03 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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He isn't going to be financially responsible if he doesn't adopt her. You may be eligible to get welfare as a care provider from the County you reside in, but if your husband doesn't adopt, then he isn't a parent and has no legal responsibility for the child. She is not a child of the marriage. You are foster parents, nothing more, until the adoption goes through and he isn't going to be part of that.
Answered on Aug 22nd, 2011 at 7:48 PM
Glen Edward Ashman
With the facts as you posted them, it sounds like he's possibly right and you probably are wrong. Since you have a highly complex and unusual situation, you obviously already would have hired a lawyer, so you should be going over the details with your lawyer. You may have left out details that affect the answer. (If you do not have a lawyer in your situation you have made a likely catastrophic mistake).
Answered on Aug 22nd, 2011 at 6:25 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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If he doesn't adopt the child, he won't be legally obligated to pay child support because she is not his child.
Answered on Aug 22nd, 2011 at 6:24 PM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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He is not legally responsible for her support.
Answered on Aug 22nd, 2011 at 6:07 PM