I have a complex situation. My ex lives in FL and he is going to relinquish all of his rights and has consented to my husband adopting our son.
Here is where it gets complicated:
The adoption will take place in Massachusetts, the child's state of residence.
As part of the agreement for adoption, my ex is to pay $6,000 towards unpaid medical expenses.
Here is my question:
Is this Massachusetts agreement enforceable in Florida? If not, should I be filing any type of motion in Florida courts to compel him to pay the money owed towards unpaid medical expenses?
Response: Once the adoption is finalized, he has no legal duty to pay for the unpaid medical expenses. His parental rights would be terminated. So, it does not matter if you are in Florida or Massachusetts. The result would be the same. So, you need to get him to pay for the medical expenses first before you start or complete the adoption process. Otherwise, you would be stuck with the medical expenses.
I am sorry. I did not get your previous clarification. The site seems to be a bit buggy today.
Your follow-up post:
Not sure if my request for clarification went through? The wording was included; he is
threatening that if I don't sign agreement he won't let my current husband adopt.
Response: Well, he knows exactly what he is doing. If the payment is not made before the adoption goes through, you would have a hard enforcing the agreement. Nevertheless, there may be a couple of loopholes that may allow you to still force him to pay for the unpaid medical expenses:
(1) Expenses were incurred before the adoption;
(2) You were coerced into signing the agreement.
Let me know if you need further clarification.
Yes, the expenses were incurred way before adoption; I "could" say I was coerced, but we really want this adoption - funny his lawyer told me I have to take a "leap of faith" - pretty much hope for the best. I feel that I need more insurance than that.
Response: If you want the adoption, then you need to go ahead and sign the agreement bearing in mind that he may not pay and you would have to go to Court to force him to pay. Also and this is very important, if he had obligation to pay for half of the medical expenses to begin with, your agreement with him is worthless. That is, you can force him to pay his share of the expenses under the original Child Support/Court Order. You cannot modify a Court Order without the approval of the Court.