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    JudyKayTee's Avatar
    JudyKayTee Posts: 46,505, Reputation: 4600
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    #21

    Sep 24, 2009, 07:38 AM

    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.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #22

    Sep 24, 2009, 10:44 AM

    Quote Originally Posted by ScottGem View Post
    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.
    Quote Originally Posted by ScottGem View Post
    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.
    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.

    Quote Originally Posted by ScottGem View Post
    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.
    It is my view,too.That was the reason for me to post my e-mail address.
    Quote Originally Posted by J_9 View Post
    Offline solicitation is prohibited at AMHD.
    Sorry but I feel myself very very offended by you!
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
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    #23

    Sep 24, 2009, 03:05 PM
    Quote Originally Posted by GV70 View Post
    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.
    Ahh well, it was a thought!
    NYCYIKES's Avatar
    NYCYIKES Posts: 12, Reputation: 1
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    #24

    Sep 24, 2009, 10:02 PM
    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
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #25

    Sep 25, 2009, 10:36 AM
    Quote Originally Posted by NYCYIKES View Post
    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?
    Quote Originally Posted by NYCYIKES View Post
    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.
    If you do not know what is the different between CHILD SUPPORT ORDER and TEMPORARY CHILD SUPPORT ORDER... it is your problem.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #26

    Sep 25, 2009, 10:46 AM
    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!
    NYCYIKES's Avatar
    NYCYIKES Posts: 12, Reputation: 1
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    #27

    Sep 25, 2009, 10:49 AM
    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!
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #28

    Sep 25, 2009, 10:54 AM
    [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.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #29

    Sep 25, 2009, 10:56 AM

    There judge has to order child support according to LPD. It will be in fact till divorce. You cannot appeal anything,
    NYCYIKES's Avatar
    NYCYIKES Posts: 12, Reputation: 1
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    #30

    Sep 25, 2009, 11:00 AM

    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.
    NYCYIKES's Avatar
    NYCYIKES Posts: 12, Reputation: 1
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    #31

    Sep 25, 2009, 11:02 AM
    What is LPD?
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #32

    Sep 25, 2009, 11:03 AM
    Quote Originally Posted by NYCYIKES View Post
    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.
    You are mistaken again...
    NYCYIKES's Avatar
    NYCYIKES Posts: 12, Reputation: 1
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    #33

    Sep 25, 2009, 11:05 AM

    Thank you for all your help. I'm sorry you feel I wasted you time.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #34

    Sep 25, 2009, 11:07 AM

    Of course... temporary support order DOES NOT MEAN child support order.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,505, Reputation: 4600
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    #35

    Oct 18, 2009, 05:59 AM
    Quote Originally Posted by NYCYIKES View Post
    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?

    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.
    Curlyben's Avatar
    Curlyben Posts: 18,462, Reputation: 1857
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    #36

    Oct 18, 2009, 07:08 AM
    >thread Closed<

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