Legal Question in Family Law in Washington

adoption

My husband has a child and her mother has remarried,

Her new husband wants to adopt the child, we agreed, is my husband still required to pay the back child support owed after the adoption is final? we live in washington state, she has moved to virginia.


Asked on 1/23/02, 10:01 am

1 Answer from Attorneys

Andrew Hay Hay Law Firm

Re: adoption

Hello

To answer your question, under Washington law the parent who is owed the back support money can agree to waive back support in a final adoption decree. However, in some cases the back support is owed not to the parent but to the state. This occurs if the parent has been on public assistance because the state requires the parent receving assistance to transfer all rights to back support to the state. Thus the parent of a child does not have the authority to alter any obligation owed to the state of Washington (or any other State). In some cases some of the back support is owed to the state and some is owed to the parent. In those cases the parent can waive only the portion owed to the parent.

I hope this answers your question. If not, call me.

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Answered on 1/23/02, 12:12 pm


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