Ok... where to start... I am a father and my child lives in another state with her mother. Her mother is married and has been for quite a few years. My child's mother is leaving her husband and plans to move back to the state in which I live. My child's mother and I have had a court ordered child support order in the past(I paid her), but we've since worked out a verbal agreement and have cancelled the court order(a couple of years ago). The stepfather is angry over the coming divorce and has threatened me verbally that he is going to sue me over "back" child support that he thinks HE is entitled to for having played a part in raising my child. Is he in any way entitled to anything like that??? My child's mother and I are not getting back together, and she is prepared to help defend me if need be. Her soon to be ex-husband is looking to blame someone for his marital problems and is trying to blame me because his wife and I are still friends. What rights does he have and what rights do I have to protect myself against an angry stepparent? Any advice is much appreciated.

We did go through the proper channels to change the child support order. There is no child support order as of a couple of years ago. We both signed off that we have agreed to handle child support ourselves. We have been civil toward each other and have had no problems other than her husband complaining that I wasn't paying enough(He seems to think I should be paying thousands of dollars or something). As of this moment, there is NO court order for child support in effect.

He claims to have spoken with an attorney that tells him he has every legal right to sue and collect on any money he paid out to support my kid. He could be just blowing smoke, but I just want to be sure. Has anyone else ever run into a problem like this?

purplewings

He has no relationship at all to the other two children. That's the part I find odd in their collecting funds from him.

GV70

Excuse me but I still cannot understand...He was stuck in paying child support for these other children

purplewings

That's really the crux of this. The state won't tell him why he's paying this huge amount. Evidently, the mother has applied for benefits from ADC and this goes into his child support. The father of the other two children is not available for paying anything at this time. I think as some have said earlier, he needs to get an attorney to straighten this all out.

asking

Isn't that just paying it in advance?

And of course I agree with everything you've said.
Asking

califdadof3

Yes thats what it is. But usually can only be done if things will be stable or atleast assumed to be. Lets say you have a child thats 16 y/o and the NCP has been paying child support on time. If it were say $500 per month and if thats a figure that the courts agree on then it may be possible for the NCP to pay a lump sum of $12,000 to the custodial parent and have the courts ok it thereby relieving the NCP of further support ( assuming it runs until 18 years of age ) but is DOEST NOT relieve the NCP of paying thier fair share of medical related expenses nor can the drop insurance on the child that must remain in effect for the duration. Alot of courts dont really like to adjust child support much more often then every 2 years at most. They can do it sooner but they have enough caseload already.

I hope that clears it up for you.

BTW if the NCP tried that with $60,000 and make a one time payment for 10 years worth of child support then that most likely cant be done because alot can happen in 10 years.

califdadof3

The state must tell him because they cant just take monies from you without a court order in place. I know they will try to do anything they can but it doesnt sound legal to me. What state is your son in or that his case is out of. Anytime they take anything from you they owe you an explination.

purplewings

This is Michigan and our state is really in need of money right now. There was no court order in his case. They may have needed something like that to get the money directly from his bank account, but he was given nothing in explanation. He had sold some securities through the bank and was waiting for a $5,000 check so he could move, but before the check arrived, he was sent a notice from the Securities department that $4,700 had been taken by the state. Directly after that he received notice saying he owed another $680. Prior to that they froze his checking account and took his $3500 certificate of deposit. He didn't even know they had frozen his bank account until he wrote checks that bounced. In all it was over $13,000 and appears to have no end. He was not in arrears and in fact, because the court signed the agreement to end all FOC claims in his case, this seems like mobsters more that government.

Username Here

He isn't a legal guardian of the child, so he never had any obligation to pay anything. He CHOOSE to pay what he did his case would be dismissed.

Hope this helps,
Louis.

GV70

Of course he needs a lawyer.
But I am still confused.What does exactly mean"huge amount"...for me "huge amount" is $ 500,000,000

GV70

He HAS legal obligation to support his step-child when parents do not support this child but his expences should be reimbursed.

A mother and father owe a duty to support their children, and this duty is not displaced by the custodial parent's marriage to a new spouse, the "stepparent," or by the fact that the parent may be cohabitating with another person. E.g., Utah Code Ann. § 78-45-4.2 (1992) (the duty of a stepparent to support a stepchild does not relieve the natural parent of his or her duty of support). See DeTavis v. Aragon, 104 N.M. 793, 727 P.2d 558 (1986); Monroe County ex rel. Palermo v. Palermo, 192 A.D.2d 1114, 596 N.Y.S.2d 252 (1993); Stack v. Stack, 141 Pa. Super. 147, 15 A.2d 76 (1940); Niesen v. Niesen, 38 Wis. 2d 599, 157 N.W.2d 660 (1968). The natural parents owe the child the primary responsibility of support, and stepparets' liability for support can only be secondary. E.g., Duffey v. Duffey, 113 N.C. App. 382, 438 S.E.2d 445 (1994); Brandriet v. Larsen, 442 N.W.2f 455 (N.D. 1989).
A stepparent is obligated to support a stepchild during the marriage where (1) there is a statute imposing such a duty, or (2) the stepparent undertakes to act in loco parentis to the child.
B. Statutory Duty of a Stepparent to Support a Stepchild
Twenty states now have statutes imposing a duty on stepparents to support their stepchildren:
(1) Del. Code Ann. tit. 13, § 501(b) (1994) (stepparent liable for support of stepchild during marriage);
(2) Haw. Rev. Stat. § 577-4 (1993) (stepparent liable for support of stepchild during marriage);
(3) Iowa Code Ann. §§ 252A.2(3) (Supp. 1996) (including stepchild in definition of children to whom a duty of support is owed);
(4) Ky. Rev. Stat. Ann. § 205.310 (1995) (stepparent has duty to support stepchild during marriage);
(5) Me. Rev. Stat. Ann. tit. 19, § 752(6) (Supp. 1995) (support may be ordered against third party where such party takes custody after divorce after showing of parental unfitness);
(6) Mo. Ann. Stat. § 568.040 (Supp. 1996) (criminal nonsupport statute applies equally to parents and stepparents);
(7) Mont. Code Ann. § 40-6-217 (1995) (if stepparent receives stepchild into family and supports him or her, stepparent is presumed to do so as a parent);
(8) Neb. Rev. Stat. § 28-706 (1995) (criminal nonsupport statute applies to stepparents);
(9) Nev. Rev. Stat. Ann. § 62.044 (1996) (stepparent liable to same extent as parent for neglect and dependency of child);
(10) N.H. Rev. Stat. Ann. §§ 546-A:1, -A:2 (1974) (stepparent owes duty of support to stepchild during marriage);
(11) N.J. Stat. Ann. § 30:4C-2 (Supp. 1995) (includes as child under neglect and dependency proceedings a stepchild);
(12) N.Y. Fam. Ct. Act § 415 (1983); N.Y. Soc. Serv. Law § 101 (1992) (stepparent liable for support of stepchild to prevent the same from becoming a public charge);
(13) N.C. Gen. Stat. § 50-13.4 (1995) (any person standing in loco parentis to child has duty of support);
(14) N.D. Cent. Code § 14-09-09 (1991) (extending stepparent support duty during the marriage and so long thereafter as the stepchildren remain in the stepparent's family);
(15) Okla. Stat. Ann. tit. 10, § 15 (1987) (stepparent has duty of support to stepchild);
(16) Or. Rev. Stat. § 109.053 (1990) (stepparent has duty of support to stepchild);
(17) S.D. Codified Laws Ann. § 25-7-8 (1992) (a stepparent shall maintain his spouse's children born prior to the marriage);
(18) Utah Code Ann. § 78-45-4.1 (1992) (imposes support duty on stepparent that terminates on divorce);
(19) Vt. Stat. Ann. tit. 15, § 296 (1989) (stepparent has duty of support of stepchild);
(20) Wash. Rev. Code Ann. § 26.16.205 (Supp. 1996) (imposes duty of support on stepparent which shall cease on termination of relationship between husband and wife).