Questions concerning Family Law???

I am getting married soon and there are some issues we are having to take care of through the courts before we get married. My fiance is not the biological father of my son,but he wants to adopt my son before we get married. We haven't seen or heard from his biological father in a year and my son is a year and a half now. He is "involentarly" getting wages deducted from his paycheck by child support. My question is would it be legal for me to continue to collect child support after my fiance has adopted my son and we are married?

Does it matter that he to this day has never volentary acknowlaged paternity for my son but had the state establish paternity. Would I still have to get his concent to give up parental rights? Does he even have parental rights?

First off, your boyfriend can NOT just adopt your son. You WILL have to be married first, and amazing as it may seem to you: The law will PROTECT the biological father's rights on this. Your boyfriend/husband can NOT just adopt your child. The child's father will have to AGREE to give up his paternal rights first. You can NOT claim that you do NOT know where to locate him (your collecting CS), so he WILL have to be notified BY LAW. Now if you can get this far with your scheme, you NEED to also know, that if he does sign away his rights so your 'partner' can adopt, it releases him from ALL obligations pertaining to the child, including child support.

EDIT: None of that matters. What does matter is this: Paternity has been established. The FATHER of the child has RIGHTS to this child. It is up to him on what rights he wants to enforce. He is NOT legally required to see this child or spend time with this child. He is LEGALLY required to support this child. You WILL have to either have his consent or have the courts REVOKE his parental rights. The courts will NOT revoke his rights for a adoption as that is not a LEGAL reason for that action.

2nd EDIT: You are allowed to be married and collect child support. Adoption is what equals zero child support. And you can't have your child's last name changed to your boyfriend's name either. Once more the child's BIOLOGICAL FATHER HAS TO CONSENT. What you don't seem to realize is that the child's father HAS THE SAME RIGHTS TO THE CHILD AS THE MOTHER. PERIOD. As long as he, meaning the child's father, WANTS to retain his rights, there is NOTHING YOU CAN DO without his consent. This is HIS child, not your boyfriends, and as much as you may want to change that fact, you can NOT. You will have no choice but to postpone the 'adoption' as there is NOT a court that CAN ALLOW this adoption to go through. It would be a ILLEGAL adoption. Your child's father WILL have to consent to ANY AND ALL changes.

If your fiance adopts him no you will not be able to collect child support.

When the lawyer files papers for adoption(which father has to sign).....the Child Support Center will be notified of the changes.....You have no choice.....support will be cut off......and yes its illegal to collect.

No sorry, if your fiance adopts him he takes on all the responsibilities the kids father used to have including the financial responsibility