NJSBA Family Law Section

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  • 1.  Adult adoption terminating child support and possible fraud

    Posted 03-11-2019 11:37 AM
    Biological father believes the children's step-father adopted them once they became adults.  As the children are still in college, biological father is still paying child support.  Biological father believes the children have been adopted as he can no longer gain access to their birth certificates.  The birth certificate request comes back as "unable to be found."  Which I understand is the circumstance with adoptions, but please correct me if I'm wrong.

    My question is, when I file a motion to terminate child support, what are the chances the Judge is going to look at the adoption records?  I'm going to guess that requesting release of the records will never fly.  What other relief would be appropriate besides the obvious retroactive termination of child support, sanctions and counsel fees?  How can I prove the adoption?

    Thank you for any suggestions,

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    Jessica N. Mazur, Esq.
    Hoagland, Longo, Moran, Dunst & Doukas, LLP
    Partner and Chair of the Family Law Department
    Certified by the NJ Supreme Court as a Matrimonial Law Attorney
    Court Appointed Rule 1:40 Mediator
    Offices:
    169 Maple Avenue, Red Bank, NJ
    40 Paterson Street, New Brunswick, NJ
    732-545-4717
    [email protected]
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  • 2.  RE: Adult adoption terminating child support and possible fraud

    Posted 03-11-2019 12:41 PM
      |   view attached
    Jessica,

    You will need to move in your action to terminate child support to open the adoption file, - it cannot be opened without a court order for good cause.  The adoption would have been filed, if it was, in the county where the step-father resided.  Alternatively, you could ask the court to compel the mother to disclose whether the adoption had taken place.

    While there is absolutely no statutory obligation to notify a birth parent in an adult adoption, I do believe that if the adoptive parent and other birth parent failed to notify your client, at least after the fact, that is a fraudulent act that would trigger a refund to them of any funds paid by your client after the date of the entry of the judgment of adoption.


    Deb Guston
    =============================
    Debra E. Guston, Esq., C.A.E.
    Guston & Guston, L.L.P.
    55 Harristown Road, Suite 106
    Glen Rock NJ 07452
    (201) 447-6660
    Fax (201) 447-3831
    www.gustonlaw.com

    Immediate Past President-Academy of 
    Adoption & Assisted Reproduction Attorneys





           Angel in Adoption Recipient 2017

                  




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