Step Children and child support

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Step Children and child support

Postby imconcerned » Mon Jul 30, 2012 12:46 pm

My spouse had a child before we were married. She to the best of my knowledge never took the child's parent to court for child support and had minimal contact with that parent and filed for sole custody (gave misleading information stating they did not know where the other parent was).

We married and now that we are separated they say they want to "crush" me with child support. My ex and step-child are definitely in touch and the child goes there once a month or so. Would I have to pay child support if the biological parent is known? (particularly since the wherabouts were lied about) And if successfully ordered to pay child support could I then sue the biological parent for support?

Also if I am forced to pay child support could I then request/insist that the step-child remain with me part of the time?
Thank-you
imconcerned
 
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Re: Step Children and child support

Postby PaulSlan » Tue Jul 31, 2012 9:14 am

Any person who has demonstrated an intention to treat a child as part of his or her family may be liable for child support. Most step-parents fall into that category. However, this does not relieve the biological parent of his or her child support obligations and the biological parent can be added as a party to any proceeding wherein child support is being claimed.
Payment of child support is completely irrelevant to and access/visitation issues. Those issues are determined based upon the child's best interests.
Paul Slan
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The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an lawyer, fully explain your situation, and allow the lawyer sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an lawyer client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
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