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Familylaw Guru
Familylaw Guru, Attorney at Law, JD
Category: Family Law
Satisfied Customers: 1349
Experience:  Experienced in divorce, child custody, child support, paternity issues, and parental rights.
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I just divorced my wife, uncontested. We had two foster daughters.

Customer Question

I just divorced my wife, uncontested. We had two foster daughters. Will I have to pay child support if she plans to keep the foster children on her own?
Submitted: 7 years ago.
Category: Family Law
Expert:  Familylaw Guru replied 7 years ago.
What was in the divorce agreement regarding the foster daughters? Was support or lack of mentioned at all?
Expert:  Familylaw Guru replied 7 years ago.
Ok the botXXXXX XXXXXne here is that unless you expressly agreed to support the foster children in your divorce agreement you are not financially obligated to them as they are not the same as wholly adopted children. What you need to do is, go to the agency who placed the foster children with you and explain that you and your wife are now divorced and that they are no longer in your care, this should free you from any liability with regards XXXXX XXXXX children.
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Customer: replied 7 years ago.

Thanks so much for your help. The only thing that my lawyer and I discussed was that I had no biological children, and that I had two foster daughters, but no mention of support for any children. I did not agree to support any children in my divorce degree. The ex-wife did not sign or contest the divorce, and it was granted to me last year. Last week I received a notice of non support for the two foster daughters and needed to know what my rights were. I have not lived with ex-wife and children for 5 yeats or more. I have to meet court for nonsupport on Wednesday. I don't know what paperwork to take beside my divorce papers. What paper do I need form the foster children program, stating that the children are no longer in my care?

Expert:  Familylaw Guru replied 7 years ago.
Yes you need something stating (preferably from foster care) that they are no longer in your care and ideally if you need to make sure to make the case with the court that you have not lived with your ex wife for over 5 years. Additionally you need to take the divorce decree with you, if the divorce was granted by a judge and it doesn't state support you need to bring it to show. Especially if they children were not mentioned at all. If these are foster children and not fully adopted children you should not be obligated to them. Sorry for my slow response I had to step away to take care of a few things. Good luck and God bless.