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My daughter is being adopted by her step-dad. Will my child support obligation end automatically?

Asked over 2 years ago - Minneapolis, MN

Verbally we have agreed that child support will end and the arrears amount will be nullified.

I am being asked to sign a Consent to Adoption form. There is no provision in this form which reassures me support and arrears will end. But the form is irrevocable 10 days after it is signed! Must I wait for the adoption to be completed before support will end? Throughout this process how can I be assured of my end goal of no support, no arrears, and no future claims on them?

If there is mistrust between the parties, why would anyone sign a consent to adoption with no guarantee of the aforementioned?

Lastly, I heard that a presiding judge decides if support and arrears are to continue or not.

THANK YOU!

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Attorney answers (1)

Cathy Ann Wagner

Reputation Level 11

Answered over 2 years ago. Family Law Attorney in Rogers, MN.

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Yes, your support obligation will cease upon finalization of the adoption because your daughter will no longer be your child. You will still need to get a court order terminating your support obligation, particularly if support is being automatically withheld from your income. As to the child support arrearages, the State of Minnesota will not let your ex simply nullify your arrearages. She can, however, acknowledge that the arrearages are satisfied, except for any amount owed to the State/County for public assistance, if any. You need to retain an attorney to be sure that the agreement is enforceable and covers all the issues that are important to you. My advice would be to get a written agreement in place before you sign the Consent.

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