May It Please The Court: Weblog of legal news and observations, including a quote of the day and daily updates

Skip To Content

MIPTC Author:

Bookstore:



 Attorney
Categories [more]
General (1976)
Lawyer 2 Lawyer (285)
Latest Blogs
This Month's Posts [more]
S
M
T
W
T
F
S
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
Links of Interest [more]
Locations of visitors to this page



Creative Commons License
This work is licensed under a Creative Commons License.



law-blogs.net


Quote of the Day - The chain of wedlock is so heavy that it takes two to carry it - sometimes three. - Alexandre Dumas Père
Adjust font size: A A+ A++
Claim Your Profile on Avvo
An Affiliate of the Law.com Network

From the Law.com Newswire

Sign up to receive Legal Blog Watch by email
View a Sample

Don't Complain To Me: Write To Your Legislator

As an adoptive parent, if you elect to give up your child in New York, you still have to pay child support, even though an unwed mother who elects to do the same thing is excused from paying similar support for her biological child.  While it doesn't seem right, that's the law. 

The court will tell you that it is just upholding the law, that it didn't enact these laws, and complaints should be directed to the legislature. 

Here's the situation:  three years ago, a divorced woman adopted a special needs child, but found she couldn't cope with the child's daily requirements.  She then asked the court to grant a judicial surrender of the child, which it granted.  The NY Department of Social Services, however, ruled based on a New York statute that apparently requires an adoptive parent to pay support if able, and the court upheld that ruling.  On the other hand, had she been a biological parent, she wouldn't have been required to pay support under New York law.   

Disparate treatment for desperate circumstances?  MIPTC votes to require payment from both parents, and indeed all parents. 

I'd call that the "you gotta pay to play" rule. 

Printer friendly page Permalink Email to a friend Posted by J. Craig Williams on Tuesday, May 09, 2006 at 20:01 Comments Closed (0) |
 
Share Link  

 


  Text-Only Site