My fiancée was ordered to pay child support (and put the child on his insurance) for a child that is not biologically his. I have done my research for family law in NYC and have found no law forcing a step parent to pay for a child that is not biologically theirs. My fiancée married the ex when the child was 3yrs old (she is now 11). Furthermore, the child's biological father is on the birth certificate and the ex maintains contact with him. She refuses to take him to child support because she claims "he will ask for visitation".
Is there something that we can do to object, appeal, etc. quoting a specific law or lack thereof?

Did he adopt the child when they were married?

When she filed for support, did he object in court, did he even show up in court ? Does he have a attorney, ( most likely no from your statements)

He never adopted the child when they were married to avoid this situation. He did show up to court, he did have a lawyer who tired to argue the case in his favor however the magistrate kept interrupting him. This is a NYC case. Any guidance would be greatly appreciated.

FYI: He did object to everything and the support magistrate stated "get a lawyer' which he did dispte the fact that she left him with 350 after child support. By the way, my fiancée has an 8yr old child with this person. Any guidance would be greatly appreciate.d

How much was the support order before the second child was added? He would obviously have to pay support for the first child. If the judge ordered support for a child that isn't his and he can prove it then he needs to get a better lawyer and go back to court.

This all started a year ago. He was ordered to pay childsupport for both children simultaneously. The amount now stands at $x for both. I thought the same thing. Perhaps he does need a new lawyer. That's easier said than done as that kind of cash does not come around that easily.

Hmmm….it sounds strange for me.
I can see one way your fiancée to be ordered to pay child support for his step-child.It depends on his previous behaviour. The court may hold that because he acted like a parent and permitted the child to rely upon him -- even though he was legally a "stranger" to the child.- he adopted the biological or "real" parent's duty.
According to s.c.”Estoppel theory” if he promised to support the child in question and interferred in child’s and father’s relationship, he will be obligated to continue his support after divorce.
The doctrine may apply when each of three elements exists: (1) an actual or implied representation which induces conduct or forbearance of another; (2) an act or omission by another, in reliance on that representation; and, (3) resulting detriment to the relying party.

The triggering representation occurs when a stepparen voluntarily promises to provide economically for a child to whom that person owes no legal duty of support; and/or he does so, in fact.
The relying party's conduct, or failure to act, consists of either releasing the other legal parent from his support obligation, or of failing to pursue a non-paying obligor; either at the request of the volunteer payor, or because the need to do so is eliminated by the voluntary support.

ALI principles divсde parents as legal parents and parents by estoppel. It is possible support obligations to be imposed under this estoppel theory:
1 whether the person and the child act toward each other as parent and child and, if so, the duration and strength of that behavior;
2 whether the parental undertaking of the person supplanted the child's opportunity to develop a relationship with an absent parent and to look to that parent for support;
3 whether the child otherwise has two parents who owe the child a duty of support and are able and available to provide support; and
4 any other facts that may relate to the equity of imposing a parental support duty on the person.

If you give me some additional information, I will be able to give you reasons for appeal.

That would be great. Please post your email address. I do not wish to continue posting things on this site. I appreciate your valuable resource and information.
With much gratitude, M.

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Originally Posted by NYCYIKES

Please post your email address.

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Offline solicitation is prohibited at AMHD.

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Originally Posted by NYCYIKES

That would be great. Please post your email address. I do not wish to continue posting things on this site. I appreciate your valuable resource and information.
With much gratitude, M.

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The rules of this site generally prohibit taking threads offline. One of the purposes of a site like this is to have problems dealt with in the thread so others can learn from them.

I'm curious though as to your reason for not wishing to continue to post here.

I'm not sure if the person I'm talking about is reading this as she is resourceful and savvy online. I've already disclosed enough of the scenario where she can put 2+2 together. If I'm getting the reasons to object to her request, I'd rather receive the information privately so that she doesn't know what are our arguments. That is why I asked the person to give me his/her email address.

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Originally Posted by GV70

If you give me some additional information, I will be able to give you reasons for appeal.

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What kind of information do you need? He is getting divorced and was married for 7. He married her because she was pregnant. The non-biological child was already 3yrs old when he came into the picture. He says the child called him by his name for aobut 1yr until his own biological daughter started saying daddy. The mother has contact with the biological father and he comes to NY regularly (he lives in another state). Furhtermore, she reports she won't take him to child support because he will ask for visitation. She claims he is an unfit father due to some alleged criminal background.

Is this enough information?

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Originally Posted by NYCYIKES

........Is this enough information?

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No:)

GV,
Can you detail what additional info you need? The facts as I see them are as follows.

Man marries woman with 3 yr old daughter when she got pregnant with his child. Eight years later they divorce and a NYC court ordered him to pay child support for BOTH children.

In addition, the bio father of the older child is not out of the picture, but the mother refuses to file for support from him because she does not want to give him visitation doe to previous criminal behavior.

I'm not sure what additional info would be required.

One though I had is the step-father suing the bio father for what he has to pay to support the bio father's daughter. Would that be a possibility?

To the OP, I do think he needs a new lawyer. I've also edited some of the information to make it harder to recognize.

Scott, I see you do not understand the proceedings of appeal.

The appeal is not against the background facts.The appeal is against the judge's decision and it has to be proven that the judge erred ordering support.

There are a lot of unanswered questions in this case.
I need of their divorce decree and the child support order.I need of additional background facts,too.I need them to understand which doctrine judge used to impose child support obligation-the doctrine of loco parentis,doctrine of equitable estoppel ,doctrine of contractual obligation of support or the judge was an a$$$$hole abused his/her discretion.


One of these doctrines is not recognised in NIS/Chiarello v. Chiarello, 51 A.D.2d 1089, 381 N.Y.S.2d 156 -after divorce, relationship as stepparent was terminated, and there was no duty to support former wife's children/,
Knill v. Knill, 306 Md. 527, 510 A.2d 546 /Furthermore, the court noted, the child had not suffered financial loss as a result of his relationship with his mother's former husband because there was no evidence that the relationship had made it impossible for support to be received from the biological father/


Here is a list of paramount important questions:
Whether he provides financially for the child
Whether he discipline the child as a parent would
Whether he hold himself out to the child and to the public that he is responsible as a parent to that child
Whether the child still has a relationship with his/her absent biological parent
Whether he and his spouse have had their own child, creating a blended step family
Whether his step-child participates in his family the same way as his biological child does
Whether the step-child uses his last name
Whether he has ever considered adopting the child
Whether the step-child calls him Dad
Whether he has a good or a poor relationship with his step-child, and how long it lasted
Whether he ever took any steps to exclude the biological parent from the child's life and showed him intended to replace that parent
How old the child is, and if he/she ever knew her absent biological parent
Does he have custody and/or visitation rights?

The doctrine of in loco parentis may operate, for example, to prevent a step-parent who has
Stood in loco parentis from bringing a suit against the step-child's parent to recover amounts paid to support the child. It does not create any directly enforceable support obligation toward the step-child.


The doctrine of equitable estoppel may apply when each of three elements exists: (1) an actual or implied representation which induces conduct or forbearance of another; (2) an act or omission by another, in reliance on that representation; and, (3) resulting detriment to the relying party.If the elements of estoppel are established, the court went on to say, estoppel would run in the child's rather than the mother's favor.
See Christensen v. Chrsitensen/NJ/
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. /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./
A stepparent may contract to provide support for a stepchild after divorce, an obligation that the stepparent would not otherwise have. E.g. Dewey v. Dewey, 886 P.2d 623 /support ordered based on agreement of parties/

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Originally Posted by ScottGem

One though I had is the step-father suing the bio father for what he has to pay to support the bio father's daughter. Would that be a possibility?

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No,only the custodial parent or DCSE may sue the bio father for child support.
Unfortunately for OP neither the mother,nor DCSE are interested in forcing this man to pay as long as the step father is under obligation to pay CS.

... but in my opinion the step father may sue him under Doctrine of Unjust Enrichment

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Originally Posted by GV70

...but in my opinion the step father may sue him under Doctrine of Unjust Enrichment

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First, I do understand the doctrine of appeals. My thinking was that the judge may have erred in not considering the bio father's part in all this.

Second, that's pretty much what I was thinking in the step father suing the bio father. Obviously the step father can't sue him for support, but the step is being damaged by the bio's not supporting his child and that could be the basis of a suit.

From the laundry list of questions, my thinking it would be better for the Step Father to get an attorney. If all that info is needed, I think that goes beyond the scope of a site like this.

I am confused by the statement that this is a NYC (New York City) case and not a NYS (New York State) case - ?

At any rate I think this is a question about an appeal and, yes, I think it should be handled by an Attorney.

As always, GV knows his stuff and it is apparent that this is a VERY complicated question.

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Originally Posted by ScottGem

One though I had is the step-father suing the bio father for what he has to pay to support the bio father's daughter.

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Originally Posted by ScottGem

Obviously the step father can't sue him for support, but the step is being damaged by the bio's not supporting his child and that could be the basis of a suit.

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Hmmm...
I checked the NYS law and he is barred to sue the BF.The doctrine of Quantum meruit aka "unjust enrichment." is not applicable in this case.

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Originally Posted by ScottGem

From the laundry list of questions, my thinking it would be better for the Step Father to get an attorney. If all that info is needed, I think that goes beyond the scope of a site like this.

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It is my view,too.That was the reason for me to post my e-mail address.

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Originally Posted by J_9

Offline solicitation is prohibited at AMHD.

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Sorry but I feel myself very very offended by you!

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Originally Posted by GV70

Hmmm...
I checked the NYS law and he is barred to sue the BF.The doctrine of Quantum meruit aka "unjust enrichment." is not applicable in this case.

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Ahh well, it was a thought!

Here is a list of paramount important questions:
Whether he provides financially for the child
Whether he discipline the child as a parent would
Whether he hold himself out to the child and to the public that he is responsible as a parent to that child
Whether the child still has a relationship with his/her absent biological parent
Whether he and his spouse have had their own child, creating a blended step family
Whether his step-child participates in his family the same way as his biological child does
Whether the step-child uses his last name
Whether he has ever considered adopting the child
Whether the step-child calls him Dad
Whether he has a good or a poor relationship with his step-child, and how long it lasted
Whether he ever took any steps to exclude the biological parent from the child's life and showed him intended to replace that parent
How old the child is, and if he/she ever knew her absent biological parent
[B]Does he have custody and/or visitation rights?

THanks Scott & George! The reasons and ideas you've given us are EXCELLENT!
Let me clarify that A) The Support Order is still temporary as they are going back to court next month B) We hired a lawyer and we're starting the divorce now, so there is still NO Divorce Decree. C) He does have a biological child with the ex. D) the support magistrate ordred him put the non-biological child on his insurance (which he objected but he did anyway as the judgement said he would get arrested).
George, I will answer ALL of the questions listed above. Here it goes:
~He is only paying child support now as he is ordered to do it, but he didn't support her when he left his ex last year. When he lived there, he provided for the household, not the child alone (if he bought milk or icecream he didn't stop the stepdaughter from having it). The ex didn't work for 4 of the 7yrs so he was paying private school for both children.
~He says he did not interfere in the child's rearing as the ex (her mother) disciplined and handled her. My fiancée says the child bonded more and saw her grandfather as the father figure (he lived in the household). Furthermore, the grandfather was covering the child on his insurance for all these years. My fiancée bonded largely with his own daughter.
~"The Public" as in my friends and my family knew that she was not my child as did her friends and family. Unfortunately, When my daughter started saying daddy, she did too. I believe that this was not my job to tell a 4yr old "i'm not your daddy, go ask your mommy who he is". SO I guess to the child, I never told her I'm your father, she just assumed it.
~He believes that the stapfather visits her periodically throughout the year and may know him as "mommy's friend". He meets up with my ex at the child's private school where he visits her. I do not believe that she knows that this is her father and he lives in another state. FYI: My fiancée left the ex on several occasions due to arguments about the child's bio father. My fiancée wanted her to get child support from the ex and she wouldn't
~he does have a child with her creating a blended family
~in the 7yrs they were together, the stepchild Never went to my fiancee's mom's house. His biological child spent the entire weekend with her paternal grandmother from the time she was 1yrs old. So, No, the stepdaughter did not participate with his family the way his bio child did.
~the child does not have his name on the birthcertificate (her bio father is listed on it) and she does not use my fiancee's last name. He never considered adopting this child. In his words "I never adopted her to avoid all this " meaning paying for child support & insurance for a child that is not his.
~the stepchild does call him dad
~He had a so-so relationship with her. He was just there. The child always went to the mother when she needed something. He has not seen her since he separated last year in March.
~he never took steps to exclude the other parent, quite the opposite, as previously stated, he argued with the ex a lot due to her unwillingness to go after the bio father. My fiancée ended their marriage when he discovered that the ex was cheating with the bio father who was around all along. He spoke to the bio father who proclaimed "i'm __'s father!" after 10 yrs. He never took steps to remove bio father from the picture.
~When he entered the relationship, the child, to his knowledge, didn't know her bio father.
~He does not have custody of the child (not even of his bio daughter!) and reports that the grandfather may have custody of the child as the ex was underage when she had the child.

I think this answers everything!
Thanks, JM

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Originally Posted by NYCYIKES

My fiancee was ordered to pay child support (and put the child on his insurance) for a child that is not biologically his.
Is there something that we can do to object, appeal, etc. quoting a specific law or lack thereof?

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Originally Posted by NYCYIKES

The Support Order is still temporary as they are going back to court next month B) We hired a lawyer and we're starting the divorce now, so there is still NO Divorce Decree.

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If you do not know what is the different between CHILD SUPPORT ORDER and TEMPORARY CHILD SUPPORT ORDER... it is your problem.

The judge is obligated to order that sort of child support as it is TEMPORARY order... That's the law
But I am sure neither Doctrine of Estoppel nor Doctrine of loco parentis are applicable in NYS.
That was the reason for me to state that this case sounds strange for me.
YOU CANNOT APPEAL A DECISION WHICH IS NOT ISSUED AS COURT DECISION!!

And finally-thank you very much for your incorrect question!
I was punished because I tried to help you!
Be happy!

George, you can "leave" this board at any time. I AM NOT STUPID as I DO know the difference between both. What difference does that make? The order will become final I'm sure when they go back to court. I don't understand your aggression with this as you did not waste your time. I'm sure that we can fight the final order with the information you provided. SO thanks and GOOD BYE!! Peace!

[QUOTE=NYCYIKES;1998134]George, you can "leave" this board at any time. I AM NOT STUPID as I DO know the difference between both. What difference does that make? The order will become final I'm sure when they go back to court. I don't understand your aggression with this as you did not waste your time. I'm sure that we can fight the final order withNo... you DO NOT know the information you provided. SO thanks and GOOD BYE!! Peace![/QUOTE
No... you do not know the difference between both!
The judge is OBLIGATED to order child support for all children where the divorce is pending.

There judge has to order child support according to LPD. It will be in fact till divorce. You cannot appeal anything,

The divorce and the support case are NOT in front of the same judge. In NYS, they have support magistrates (not a judge) handling the child support. The Magistrate does not care whether there is a divorce pending or not.

What is LPD?

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Originally Posted by NYCYIKES

The divorce and the support case are NOT in front of the same judge. In NYS, they have support magistrates (not a judge) handling the child support. The Magistrate does not care whether there is a divorce pending or not.

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You are mistaken again...

Thank you for all your help. I'm sorry you feel I wasted you time.

Of course... temporary support order DOES NOT MEAN child support order.

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Originally Posted by NYCYIKES

My fiancee was ordered to pay child support (and put the child on his insurance) for a child that is not biologically his. I have done my research for family law in NYC and have found no law forcing a step parent to pay for a child that is not biologically theirs. My fiancee married the ex when the child was 3yrs old (she is now 11). Furthermore, the child's biological father is on the birth certificate and the ex maintains contact with him. She refuses to take him to child support because she claims "he will ask for visitation".
Is there something that we can do to object, appeal, etc. quoting a specific law or lack thereof?

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It is time to close this thread - OP doesn't want to listen. Enough of the "passive/aggressive" stuff. Everybody's time is being wasted.

At any rate there is NO SUCH THING as NYC (New York City) Law when it comes to divorce. It's NYS (New York State) Law. There is NO researching of "family law in NYC" as there is NO NYC Family Court.

As far as I'm aware NYC has NOT seceded from the Union or the State and set up its own system for legal matters, including divorce.

This is also not the OP's fight. It's her fiance's (assuming it's a man, otherwise fiancee) argument/fight/problem. She certainly can support him but this is a not an "our/we" problem.

>thread Closed<