When a stepparent adopts your child, your family gains a new legal parent. But what happens to child support from the other biological parent? If that parent pays support each month, you may wonder whether those payments will continue after the adoption.
In Texas, a stepparent adoption usually ends the other biological parent’s legal rights and duties, including future child support. However, past-due support may remain owed even after the adoption.
How adoption affects future child support
Texas law generally requires the court to end the other biological parent’s rights before or as part of the adoption process. The parent may agree to give up those rights through a legal document called an affidavit of relinquishment. In other cases, the court may terminate parental rights based on legal grounds under Texas Family Code Section 161.001.
The court usually handles the termination of parental rights and the stepparent adoption in the same proceeding. Once the court grants the adoption, the stepparent takes on the legal duties of a parent, including supporting the child.
In most cases, the biological parent whose rights end no longer has to pay future child support under the old order. However, Texas law allows exceptions in certain cases, including some situations involving children in state care. The exact order matters.
What happens to unpaid child support?
Ending parental rights does not automatically erase child support that became due before the adoption. Unpaid support and related interest may remain enforceable as a judgment. The court may confirm the amount owed and enforce payment even after the adoption.
Here are key points to consider when reviewing past-due support:
- Unpaid amounts: Support that came due before the adoption may still be owed.
- Interest: Interest on unpaid support may also remain due under Texas law.
- Written agreements: The custodial parent may agree in writing to waive or forgive some or all of the past-due balance, subject to the law and court orders.
- Court orders: The adoption decree and earlier support orders can affect how the court handles the remaining debt.
A Texas family law attorney can review the court orders and payment history to help clarify what support remains due and whether any written agreement affects the balance.
A new chapter for your family
Stepparent adoption can change who holds parental rights and owes future support. However, unpaid child support does not simply disappear when parental rights end. Reviewing the adoption decree and past-due balance can help you understand the financial effects for your family.