I'm still paying child support, because the mother never told the Child Support Division her husband adopted?

I have a 4 year old son, and have been paying 300 a month in child support. The mother of the child remarried 2 years ago. Her new husband wanted to adopt, and that was fine with me because i have never seen the child anyways because they live far away.

The papers i signed said that once the adoption was finalized, that i wouldnt have to pay child support any more. The adoption was finalzied months ago! However, i am still being charged each month for child support. I called the Child Support Division where the motehr lives, and they told me that they never got any papers about an adoption from the mother! They cannot stop my child support until they get a copy of the adoption papers from her. And she is taking her sweet time giving the papers to them.

Isnt that considered fraud or something? I am paying for something i shouldnt, because she never told them that her husnad adopted the child. I would give them a copy of the papers too, but she never even sent me a copy!

It's "unjust enrichment," and you can sue to recover the amount of child support you paid after the adoption, with interest. But perhaps the adoption was abandoned, in which case you are in a pickle. I would sue them (ex wife and new husband) both. I would add a count to the complaint to demand that they explain what they did with your money. For example, if they went to Vegas, you would assert a claim for all of their winnings. It's an overstated claim, but it's a classic example of ex-spouse torment. It's really just an excuse to dig through their bank accounts and embarass the **** out of them, which should be enough to make them pay you off.

The legal basis is this: the recipient of the money is obligated to disgorge all of the ill-gotten gains she reaped.If she stole money from her employer, went to Vegas and hit the roulette wheel, so she pays back what she stole, the law would still require her to make restitution of her ill-gotten gains. This is no different.

File a Motion for Hearing with the Court who handled the child support issue and handed down the child support Order. You probably need a family law attorney.

get a lawyer

Get you an attorney and have a paper drawn up telling her you are taking her to court to have the adoption papers subpoenaed, and that you intend to sue for damages for your air fair to the hearing, the attorney's fees, courts costs, and all money she has accepted from you since the adoption was finalized.

You will need to contact the Family Court where the adoption took place (probably in person) and get a copy of the adoption papers, you may have to pay for the copy, but by getting it from the court, it should be a certified copy and the Support Collections Unit should accept it as proof. I'd also advise once you have got the payments stopped, suing the mother in Small Claims court for the amount you overpaid.

You are the one that wants a change, so you should take charge of making sure that happens instead of blaming other people for failing to watch out for your finances. Have you considered asking for the papers? You say you know it is final, then you must have some way of knowing that? Use that information. File a motion to terminate the support with the court the issued the order and quit waiting for the child support enforcement folks to take that responsibility for you.