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BruceStrickland · Aug 21, 2010, 06:22 AM

Can a stepfather bring a lawsuit against the child's natural father for non support if the child's mother is unable or unwilling to do so?

cdad · Aug 21, 2010, 07:01 AM

Are you still married to the mother? Is there a support order in place? Where is this happening at?

ScottGem · Aug 21, 2010, 07:05 AM

Generally no. As a step-parent you have no legal standing.

BruceStrickland · Aug 21, 2010, 07:28 AM

Originally Posted by califdadof3

Are you still married to the mother? Is there a support order in place? Where is this happening at?

Married to mother. Florida. May be a fly in the ointment. Mother signed an agreement three years ago. In exchange for the fathers not having his driver's permit suspended, she agreed to sign away the child support obligation in exchange for a lump sum $15000.00 payment conditional when the father's mother died and he received an inheritance. She died, he got the inheritance and has not lived up to the agreement.

BruceStrickland · Aug 21, 2010, 07:30 AM

Originally Posted by ScottGem

Generally no. As a step-parent you have no legal standing.

vThanks for the feedback. Appreciated.

cdad · Aug 21, 2010, 07:30 AM

Originally Posted by BruceStrickland

Married to mother. Florida. May be a fly in the ointment. Mother signed an agreement three years ago. In exchange for the fathers not having his driver's permit suspended, she agreed to sign away the child support obligation in exchange for a lump sum $15000.00 payment conditional when the father's mother died and he received an inheritance. She died, he got the inheritance and has not lived up to the agreement.

Did any of this pass through the courts?

Fr_Chuck · Aug 21, 2010, 08:54 AM

Almost any any and all custody and support agreements can be changed or modified. And unless this agreement when though the courts, most likely it would not be accepted by the court.

But you as step father can 't do anyting, your wife has to do it.

And of course she can sue in civil court to enforce that agreement.

She is scared of him, does he still have some control over her

GV70 · Aug 21, 2010, 11:22 AM

Not sure how it is handled in Fl but some states have legislation which allow a step-parent to recover unpaid child support
Utah Code, Section 78-45-4.2
78-45-4.2. Natural or adoptive parent has primary obligation of support--Right of stepparent to recover support
Nothing contained herein shall act to relieve the natural parent or adoptive parent of the primary obligation of support; furthermore, a stepparent has the same right to recover support for a stepchild from the natural or adoptive parent as any other obligee

California FAMILY.CODE
SECTION 3950-3952

3950. If a parent neglects to provide articles necessary for the parent's child who is under the charge of the parent, according to the circumstances of the parent, a third person may in good faith supply the necessaries and recover their reasonable value from the parent.
It is allowed in some states a step-parent to claim unjust enrichment
"We assume for purposes of this opinion that supporting a nonbiological child confers a benefit on the biological parent."-STATE OF WISCONSIN IN COURT OF APPEALS No. 96-0279 /

BruceStrickland · Aug 21, 2010, 03:04 PM

Originally Posted by califdadof3

Did any of this pass through the courts?

No. Apparently my wife signed an agreement in the office of child support. She was asked by the person helping her if she was sure she wanted to do this? She was told she could re open the case at any time if things fell apart.
Thanks for the feedback. Appreciated.

BruceStrickland · Aug 21, 2010, 03:07 PM

Originally Posted by califdadof3

Are you still married to the mother? Is there a support order in place? Where is this happening at?

Yes. The issue is the natural father has refused not only to pay child support (since I married the children's natural mother) but also is refusing to help in court ordered tuition for college education. Got me in a bind financially. Looking for options. The mother 'feels sorry' for her ex and won't seriously pursue her rights. I was wondering if I could pursue them independently of her wishes since I'm footing the bills.

BruceStrickland · Aug 21, 2010, 03:08 PM

Originally Posted by Fr_Chuck

Almost any any and all custody and support agreements can be changed or modified. And unless this agreement when though the courts, most likely it would not be accepted by the court.

But you as step father can 't do anyting, your wife has to do it.

And of course she can sue in civil court to enforce that agreement.

She is scared of him, does he still have some control over her

Not sure about the scared part. Knowing my wife, I think not. But, there are always surprised, are there not?

BruceStrickland · Aug 21, 2010, 03:08 PM

[QUOTE=BruceStrickland;2492801]

Not sure about the scared part. Knowing my wife, I think not. But, there are always surprised, are there not.