Does Adoption Affect Child Support Obligations?


Adopting a child can be challenging as you prepare to bring the newest member of your family home. You may worry about making it perfect so your child will feel at home with your family. But, if you are undergoing a divorce, your focus may shift from welcoming your child to other issues, like how your adoption may affect your child's support.

Our attorneys at Smith & Sturdivant, LLLC are here to make this difficult time easier. Here’s what you should know:

If You Adopt a Child and Then Divorce, Do You Have to Pay Child Support

Yes, adoptive parents must pay child support for their adopted children even after a divorce. Once a child is adopted, there is no legal difference between them and a biological child. Adoptive parents assume all the legal rights and responsibilities of being a child's parent. This may affect the total amount paid for child support, increasing the value.

Individual Adoptions

However, if you adopt the child individually, you are the child's sole physical and financial provider. This means that while you could be paid child support, it will only be for your other children, not your adoptive child. It can also mean that if you pay child support, it will only be for your other children and not include payment for the care of your adoptive child since you will have sole custody.

If you individually adopt the child, it could change the amount the court may order you to pay because you have one more child to provide for. The court may decrease your child support payments to give you more of your income to provide for yourself and your adoptive child. However, your child support payments are up to the court’s discretion.

Hawai’i Adoption and Divorce Attorneys

We hope you never have to go through a divorce while adopting, but if you do, our compassionate team of attorneys is here to support you!

Contact our team online or by calling us at (808) 201-3898 today! We would love to set up a consultation and learn all about your adoption needs!

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