Two of the most common forms of adoption are stepparent adoption and grandparent adoption. The reasons behind it are always as unique as the individuals involved.

Whether you are seeking to adopt a child or to dispute the adoption of your child, the lawyers at Lewis, Pfanstiel & Williams, P.C., L.L.O. may be able to help.

Stepparent and Grandparent Adoptions

Adoption is a popular way for families to grow, but it also can be a source of contention if one parent does not wish to relinquish parental rights. Additionally, there are times when dads may not be aware they have children, and their rights are sometimes disregarded.

Attorneys at Lewis, Pfanstiel & Williams, P.C.,L.L.O.  specialize in family law matters. We understand the tangible and intangible benefits as well as the social and psychological factors of every family member bearing the same last name. We assist with every step of adopting children.

Paternity and Fathers' Rights Concerns

Our family law attorneys have years of experience working through the adoption process with stepparents as well as grandparents, making sure the paperwork is completed correctly and on time. We also represent fathers who wish to settle paternity matters, protect their custody and visitation rights or contest an adoption.

The main principle behind these guidelines is to recognize the equal duty of both parents to contribute to the support of their children in proportion to their respective net incomes. The guidelines are intended to be used for both temporary and permanent support determinations.

The child support guidelines shall be applied as a rebuttable presumption. All orders for child support obligations shall be established in accordance with the provisions of the guidelines unless the court finds that one or both parties have produced sufficient evidence to rebut the presumption that the guidelines should be applied. All stipulated agreements for child support must be reviewed against the guidelines and if a deviation exists and is approved by the court, specific findings giving the reason for the deviation must be made. Findings must state the amount of support that would have been required under the guidelines and include a justification of why the order varies from the guidelines. Deviations must take into consideration the best interests of the child. Deviations from the guidelines are permissible under the following circumstances:

• When there are extraordinary medical costs of either parent or child;
• when special needs of a disabled child exist;
• if total net income exceeds $15,000 monthly, child support for amounts in excess of $15,000 monthly may be more but shall not be less than the amount which would be computed using the $15,000 monthly income unless other permissible deviations exist. To assist the court and not as a rebuttable presumption, the court may use the amount at $15,000 plus: 10 percent of net income above $15,000 for one, two, and three children; 12 percent of net income above $15,000 for four children; 13 percent of net income for five children; and 14 percent of net income for six children.
• for juveniles placed in foster care; or
• whenever the application of the guidelines in an individual case would be unjust or inappropriate.
  
  This is income of both parties derived from all sources, except all means-tested public assistance benefits which includes any earned income tax credit and payments received for children of prior marriages. This would include income that could be acquired by the parties through reasonable efforts. For instance, a court may consider as income the retained earnings in a closely-held corporation of which a party is a shareholder if the earnings appear excessive or inappropriate. All income should be annualized and divided by 12. For example, a party who receives a salary of $200 gross per week would have an annualized gross income of $10,400 ($200 times 52) and a monthly income of $866.67 (10,400 divided by 12). If the person is paid $200 every 2 weeks, his or her annualized gross income would be $5,200 ($200 times 26) and monthly income would be $433.33 (5,200 divided by 12).
  
  The court may consider overtime wages in determining child support if the overtime is a regular part of the employment and the employee can actually expect to regularly earn a certain amount of income from working overtime. In determining whether working overtime is a regular part of employment, the court may consider such factors as the work history of the employee for the employer, the degree of control the employee has over work conditions, and the nature of the employer’s business or industry.

Copies of at least 2 years' tax returns, financial statements, and current wage stubs should be furnished to the court and the other party to the action at least 3 days before any hearing requesting relief. Any party claiming an allowance of depreciation as a deduction from income shall furnish to the court and the other party copies of a minimum of 5 years’ tax returns at least 14 days before any hearing pertaining to the allowance of the deduction.