My employer was given a withholding order for a child in 2009. I was named father by the court and i was not there nor was given any paper to go to court. I received papers that the mother wanted her boyfriend to adopt the child. i never signed off my rights and the child was adopted by the boyfriend. This was 2001. Just this year i was told that the withholding order was from the first 3 years of the childs life. Can they do this
State/Country relating to question: Indiana
Yes, unfortunately, there is no statute of limitations on child support arrears in Indiana, so they can go back as far as they want to collect child support. Once the adoption occurs, your obligation for any future child support will end as your Parental Rights will be terminated for adoption and you need to go to court and make sure that the order terminating future support is entered by the court, because if they forget to do so and forget to recall the support withholding order, you will have to spend more money going back to court and trying to get back any money they took from the point of the adoption forward. One way to do this is to contact the mother and inform them you will consent to the adoption and sign a voluntary surrender of rights in consideration of them agreeing to waive any remaining arrears and entering a cease and desist order for any further withholdings from wages.
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can I go to court and dispute the amount I owe
You can go to court and file a motion to modify the support and prove that the amount they are collecting is outside of the statutory guidelines based on your income. It would be much cheaper to make a deal with them over waiving the remainder of arrears in exchange for you not objecting to the adoption, which you have every right to do and many times courts will not terminate your rights for the adoption so they would not get what they want. Also, the expense of pursuing the modification will be about $2500 to a family law attorney. However, you absolutely can go to court to dispute the amount and also file a motion for visitation to get leverage over the mother who most likely will not want you to have the visitation you are legally entitled to.
the adoption took place in 2001. she has been adopted. they came after me on 2009 for support on the child for the 3 years she wasnt adopted yet.
Ahh, I apologize, that was not clear from your earlier posts. You will not win the prior support from before the adoption I am afraid, since the courts are not very lenient about arrears. The most you can fight is if they have used the wrong income amount in calculating the support you would owe, but they are not going to dismiss what you owe unless the mother agrees in writing to waive those arrears.
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