Stepfather Objects To Agreement Waiving Child Support

Concerned_DAD · Mar 22, 2008, 02:13 PM

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?

N0help4u · Mar 22, 2008, 03:32 PM

so even if the court said the biological dad is free from paying child support he is still responsible to pay the step dad?

New Jersey Christensen v. Chrsitensen
a step father who acquiesced in the mother's efforts to keep the child from seeing the biological father and from seeking child support from the biological father was responsible for child support.

In an interesting side note, the Court stated that it was not ruling on the obligation of the biological father, and may well find, under appropriate circumstances, that both a biological and a step parent have concurrent child support obligations.

purplewings · Mar 22, 2008, 04:51 PM

It's true the stepfather is not obligated to support the children BUT if the wife went before FOC with a signed agreement and the courts accepted and stamped this, it is presumed to have been acceptable by her husband at the time. I think the courts realize that you have paid something of importance to her or she would not have released you.

It is also a legal agreement and binding until another case is filed with FOC. This is what the court form says. However, as I stated, the court may decide to go after you for expenses incurred by your ex-wife, IF the state assisted at any level. You may need to seek an attorney if this person does go after you.

califdadof3 · Mar 22, 2008, 05:24 PM

Ok Im going to take a shot at this one.
" quote " 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.
" end quote "

This code refers to neglegence and the OP hasnt said anything about being neglegent. As far as a step parent is concerned or a live in partner in Cali their income can be included as a whole when calculating child support. This number will offset a child support payment either way. Given that as a base then it proves that by relationship or marriage there is an obligation that is natural to a couple where one or both have children from a previous marriage / relationship. So unless there are extrodinary expenses involved ( like child needed braces and step dad gave ALL the monies for it ) then atleast in Cali I dont think he is going to recover anything. The fact that what the person pays may or may not be below state levels have nothing to do with it if a court has granted its approval on it. There may be seperate deals going on in a relationship that could involve who pays for what and when that isnt even considered during child support orders. Is every child entitled to a collage education ? I wish it were so but for many the child will still have to work to pay their way through. But that being said alot of CS orders demand a dad pays for it and mothers run away scott free of obligation. So bottom line is there is an expected cost to marrying a woman / man with a child or children. There is an assumed burden by the agreeing party beforehand. CS is a mess and many states are trying to produce guidlines that follow federal law and try to make it consistant across the board but it still has a long way to go.

GV70 · Mar 22, 2008, 05:27 PM

Quote:

Originally Posted by purplewings

It's true the stepfather is not obligated to support the children BUT if the wife went before FOC with a signed agreement and the courts accepted and stamped this, it is presumed to have been acceptable by her husband at the time.

But it's revocable act!

Quote:

Originally Posted by purplewings

I think the courts realize that you have paid something of importance to her or she would not have released you.

The child support has to be paid for child's upbringing ! Other factors are irrelevant.
Finally-if their agreement violated state's CS guidances and imposed support obligation to the third party/stepfather/ without a material change in circumstances,this agreement does not have legal merits/i.e. it can be revoced/ notwithstanding that it was aproved by Court before.

Concerned_DAD · Mar 22, 2008, 05:36 PM

Thanks all for your responces.The truth is:we waived all child support payments two years ago.I haven't paid child support for two years but it was our agreement.

N0help4u · Mar 22, 2008, 05:38 PM

Then he may be able to get you for some money.

GV70 · Mar 22, 2008, 06:20 PM

Quote:

Originally Posted by califdadof3

As far as a step parent is concerned or a live in partner in Cali their income can be included as a whole when calculating child support. This number will offset a child support payment either way.

http://www.childsup.ca.gov/Portals/0...Calculator.pdf
CALIFORNIA DEPARTMENT OF CHILD SUPPORT SERVICES
Page 24:New Spouse Income
"The information is used to calculate the tax, but is not added to the income considered when calculating child support payments."



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