Men`s Rights/Child Support / Adoption
My husband has been paying child support on his daughter for 8 almost 9 years. When the little girl was first born until a year old, the mother refused to let him see her. He was already on child support. He had his rights terminated. The judge signed the papers. However, he has still been paying child support. Today he finds out through investigating the situation that the grandmother had adopted the little girl when my husband terminated his rights. Someone in the court told him today that he shouldn't have been charged child support. On top of that, it was still going to the mother and not the grandmother. That's why we are aggravated. What should we do? This happened in Bolivar, TN. Thanks!
I'm sorry for the delayed response. I am just now seeing your question. This is definitely a legal matter to be resolved. I am not an attorney, but I can offer a couple of suggestions. Ask that person in the court who told him this information, what the procedure to rectify the situation is. Hopefully, they'll share that with him. If there is proof of the termination and adoption, sometimes adoption records are sealed, contact the child support division of the county and state. Explain the circumstances. They will not give you legal advice, but they should be able to direct you to the proper forms or office for the next step.
Child support gets tricky in that it is determined through a civil case, but if enforcement is required it becomes a criminal matter. I would definitely make inquiry as to why the mother would be receiving child support payments when she is no longer the legal mother. That sounds like it could possibly be some sort of fraudulent situation beyond the civil case, but since it's mother and daughter, I'm not sure there is legal recourse.
This much I do know. It will not be resolved just between the individuals involved. Your husband must handle this through the court system. I don't know that any of his payments will be returned to him, but someone in authority will have to sign an order to free him of this obligation.
Start with the individual who stated he shouldn't be paying. Have all proof in hand and contact the child support division. If those two attempts bring no results, contact an attorney.
I wish you well and I'm so sorry for this situation.