Monday, May 18, 2009

Child Support Forgiveness in Adoption Cases

Upon entry of a Final Judgment of Adoption of Minor Child, it is clear that the birth parents' ongoing child support obligation ends. But in Step-Parent Adoption cases, past due child support (arrearages) may also be forgiven even though the case law on child support states that the right to child support belongs to the child. What cannot be forgiven by the prospective parents are payments owed to third parties, like the Clerk of Court or the Department of Revenue. A motion related to forgiveness would be filed after the adoption is finalized and only if the adopting parents freely and voluntarily wish to do so. See Florida Statutes, Section 63.212(e).

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