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Real World Stories
Unemployed...Paying Child Support on Adopted Child
Late one Thursday
afternoon in August the doorbell rang at my home. When I answered the door a deputy
sheriff asked me to identify myself. When I
did, he handed me a document and left. When I
opened the envelope, to my surprise, I found a court summons to modify child support along
with a contempt petition. I was dazed to be receiving such documents since for
over 14 years I have paid support and medical expenses for a child that was not mine, but
is. Let me explain:
In the Spring of
1983 I met a woman who I later married in December 1983.
The following October 1984 I happily adopted her son in order to unify the
family and get rid of her troublesome ex-husband who would never pay child support or
medical bills unless she took him to court.
In less than six months
after the adoption, she wanted out a divorce, that was in February 1985 and we
lived apart form June 1985 until the divorce was final December 1985. It was obvious to everyone at the time that what I
believed to be a genuine commitment was a plan carefully contrived which would require me
to provide future support for this handicapped child until the age of majority was
reached, which I have done. The child and I
never had time to bond. The mother has been
remarried for some time. I felt that
financial support as per the divorce decree was all I could provide which I have done for
fourteen (14) years. You can draw your own
conclusions from the incident.
With two years left on my
financial commitment, I am now served with papers to modify and extend support. I would have at least thought she would have
enough courtesy to let me know she was filing for an adjustment. However, in light of the
previous incidents, I should not have been surprised.
I contacted a local
attorney and he advised the support laws have changed in the State of Alabama,
especially if a disabled child is involved. Support and related services can extend past
the age of majority (19) and can be extended for life.
The only way out of this situation is you die Great thought! The attorney suggested I contact an attorney in
the city where the court action was to take place. After
consulting with three attorneys in that city I walked away with no better perspective than
the original advice. To make things even more interesting I told these attorneys that if I
paid the support that could be imposed, there would not be enough money to meet my current
obligations. The reply I received was that it
could be necessary for me to modify my life style to meet the obligations of the child as
directed by the court. This could mean that I
would have to sell my home, vehicles and lower my standard of living to an apartment and
sub class vehicle. I have to ask myself,
What kind of future employment advances would an employer give me with this
financial stigma?
The attorney I hired
advised me the court would base the support on gross income, which would be in excess of
one weeks net paycheck. They do not take into account your expenses or other obligations
like two children in college from a previous marriage; support of aging parents, etc. These people do not count. I had hoped that after my two sons were out of
college and financial support has been satisfied for my adopted child, I would be able to
set aside funds for retirement. I am 54 years old and retirement is not that far away. I do believe that I have done not only what the
courts have ordered me to do but have done it because I should have. And lastly for any
future relationship with the opposite sex forget it!
They would have to be crazy to want to be with a person who has these types
of burdens and obligations hanging over their head.
Aldous Huxley wrote a
novel entitled The Brave New World
where the state imposed punitive rules and regulations upon society. Well, it appears the State of Alabama has entered
into this Brave New World and Big Brother is alive and well.
There appears no recourse against the state since most people, including myself, do not have the financial means to fight this legislation, thus we become victims of the system they say they created to protect the States children.
Two weeks ago we went back to
court.......and that is a real humbling experience. The
DHR attorney and the judge never wanted to hear any of the past as to how I was
manipulated into the adoption of this child.
Documentation where confirmation of verbal
agreements were thrown out on the basis of my exwifes statement......I never saw
these documents nor agreed to any of this.
Thus I have to pay for another $1900.00 of
her whims. She has no controls as to
spending, she does not try to get aid,
why should she since she has a open check
book provided by the court and DHR.
I've been unemployed for over four months
and this doesn't even come into account. She
had medical bills back in January, which I filed with the insurance company. The insurance company is not paying......... even
on my bills, which amount to over $22,000. I've
asked the state insurance commissioner to help. My
ex doesn't care about the difficulty with the insurance company.........she wants money
and now has asked DHR to file a contempt petition and drag me back into court and that
will cost another $2,000 to 3,000 which I don't have.
Is there no end to this? The more time I spend in court the less I am able
to pay and further in debt I go.
I'm about at the end of my rope and
totally out of finances. Is there no way to
get a DHR offical to see what she is doing and get her to stop?
Please call me, I need help.
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