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I am currently paying back child support for the state of…

Customer Question
I am currently paying...

I am currently paying back child support for the state of Arkansas from when I was serving jail time. During that time my ex remarried and the spouse adopted my children without my consent. How do I fight this to get my child support stopped? The state of Arkansas has attempted to contact my ex several times but she does not respond to their calls or letters. She has disappeared several times. She never let me see my children and I had to file for a divorce. The notice was placed in the newspaper due to the fact I did not know where she or my children where. The state of Arkansas knows but they will never tell me.

Lawyer's Assistant: What steps have you taken? Have you filed any papers in AR family court?

I currently live in Colorado. I am not sure what I need to file.

Lawyer's Assistant: Have you talked to a lawyer about this yet?

I can't get a lawyer here in Colorado to take my case. They will not touch it because it's out of state.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I can think of.

Submitted: 2 months ago.Category: Family Law
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Answered in 15 minutes by:
5/29/2018
Family Lawyer: Nisha Jones,
 replied 2 months ago
Nisha Jones
Category: Family Law
Satisfied Customers: 3,490
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good morning, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. JustAnswer provides general legal information only and does not constitute legal advice. Please allow me just a few minutes to review your question, thank you!

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Family Lawyer: Nisha Jones,
 replied 2 months ago

I'm sorry to hear about your situation.

Are you still currently making child support payments?

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Customer reply replied 2 months ago
I'm not able to talk currently I'm at work.
Family Lawyer: Nisha Jones,
 replied 2 months ago

The phone call request is actually auto generated by the site, so please feel free to disregard it if it's not something you're interested in right now.

I'm typing up your answer now, thanks!

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Family Lawyer: Nisha Jones,
 replied 2 months ago

Generally, child support orders are terminated when your parental rights are terminated, if there is another parent stepping in to care for the child, such as in your case where your ex's new spouse adopted the child.

Since payments are still being garnished, you will need to file a motion with the family court in that jurisdiction requesting that the child support order be terminated.

You may still be required to pay backed child support that's owed (if any) pre-dating the date your parental rights were terminated.

I hope that helps!

Please remember to rate my service once you have all the information you need. If you have any other questions, please ask me - I'll be happy to respond. Thank you!

Please remember that any information shared over this site is for general informational purposes only and does not constitute legal advice. You should meet with and consult a local attorney for representation in this matter.

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Customer reply replied 2 months ago
How do I find out when they were adopted? She's not going to tell the court that. She's not responding to them.
Family Lawyer: Nisha Jones,
 replied 2 months ago

You should be able to go into the clerk of courts office and request to review the case file. The motion and order granting the adoption would be included in the case file.

You can also pay a nominal fee at the clerk's office to obtain a copy of that order, to attach as an exhibit to your motion requesting that the child support order be terminated.

I hope that helps! Let me know if you still have any questions about this.

If not, don't forget to rate so I can be credited for my time and help with your question, thank you!

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Customer reply replied 2 months ago
I don't know what state the adoption was in. I have a clue but my ex moved to 3 states that I'm aware of. I have been trying to track her to talk to my kids but I can't and she won't talk to my family either. Being out of state how do I file the motion? Do I need to make a trip from Colorado to Arkansas?
Family Lawyer: Nisha Jones,
 replied 2 months ago

The motion would need to be filed in the court that has jurisdiction to hear this matter. It appears that your best option would be to file your motion with the court that originally entered the child support order.

How do you know that there was an official legal adoption? Did you receive any paperwork from the court? If so, that would help you establish the location and date.

I hope that helps! Let me know if you still have any questions about this.

Don't forget to rate, thank you!

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Customer reply replied 2 months ago
I never received anything from the court. I was told by a family member that they were adopted and their names have been legally changed. They no longer go by my last name.
Customer reply replied 2 months ago
At one point she told the Arkansas caseworker that my name was also not on the birth certificate.
Family Lawyer: Nisha Jones,
 replied 2 months ago

I'm sorry to hear that.

You should look into filing a motion to terminate child support payments, with the court that originally entered the child support order.

That court should still have the jurisdiction to hear the case, and may also be able to retrieve the documents confirming adoption of the children.

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Family Lawyer: Nisha Jones,
 replied 2 months ago

I hope that helps! Let me know if you still need anything clarified.

Don't forget to rate before leaving, thank you!

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Family Lawyer: Nisha Jones,
 replied 2 months ago

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

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Customer reply replied 2 months ago
Thank you. You have helped. I just need to find the papers to file the motion and go from there. I hope they can find the adoption information as well so that I can stop making payments for when I was in jail. I guess I will need to make a trip to Arkansas soon. Thank you.
Family Lawyer: Nisha Jones,
 replied 2 months ago

You're welcome, no problem! Good luck with this!

If you have any more questions in the future and would like my help, please feel free to reach out to me here at JustAnswer by posting a new question, and adding "For Nisha" to the first part of your question. I'd be happy to help.

Please remember to leave a positive rating so I can be credited for my time and help with your question. Thank you!

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