Question:
My new husband has 3 children with his ex wife. The divorce papers state we get the children every other weekend when he is in from work. One of his children will not come and has not come to our house in 9 weeks. His son said we do not spend enough money on him so he won't come and he wants his step father to adopt him. If he will not come do we still have to pay child support for him? If the child wants his step father to adopt him and my husband agrees to it do we still have to pay child support on him?
Answer:
Every state will have varying laws and I am not licensed in Louisiana. However, child support is not contingent upon visitation. Regardless of whether you husband exercises his visitation he is still obligated to pay support. A child should never be allowed to decide if and when he visits. If your husband agrees to an adoption, his parental rights will be terminated. It is important to realize that you cannot modify an adoption. He will no longer be the father of his son. Along with his parental rights his obligation to pay support will also terminate.
