Ask Experts Questions for FREE Help !
Ask
    JustWantaKnow's Avatar
    JustWantaKnow Posts: 1, Reputation: 1
    New Member
     
    #1

    Jun 28, 2009, 12:36 AM
    Step-Father Signed both Prenup and Postnup Agreements to Support Step-Child
    My husband signed both a prenuptial and a post-nuptial agreement to educate, maintain and support my children, his step-children. My husband sued me and my children (his step-children) over the agreements several years back but changed his mind and signed a release of all claims, an agreed dismissal with prejudice and more leaving the agreements in place. Now, my husband wants a divorce and he does not want to provide any type of agreed child support. He has paid some temporary spousal support but the Judge has not ordered him to pay any agreed child support. I understand it would be against "public policy." What is public policy? And can a Judge throw out agreements and void them from their inception even if the agreements were challenged in court before and had be released and dismissed with prejudice?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Jun 28, 2009, 04:26 AM

    If an agreement is illegal a judge can certainly void it.

    Where is the children's father in all this?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,304, Reputation: 7692
    Expert
     
    #3

    Jun 28, 2009, 04:47 AM

    The child's bio father is the one who should be and should have been paying all the child support unless the new ( now ex) husband adopted the kids.

    Your agreement went against standing case law and current family court law ( most likely) in your state or location.

    The legal ways to make him responsible were not done.

    So you need to go after bio father for support, ex husband for alimony
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #4

    Jun 28, 2009, 05:09 AM
    Quote Originally Posted by Fr_Chuck View Post
    So you need to go after bio father for support, ex husband for alimony
    While I don't disagree, I think you assume too much. Maybe she's a widow or the father is nowhere to be found.

    Without knowing how the agreement was worded its hard to make a definitive statement, but I would not be surprised if it was not legal.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,304, Reputation: 7692
    Expert
     
    #5

    Jun 28, 2009, 05:29 AM

    Did she not mention that a few years earlier the bio father filed an objection to these papers , so he has to be in the picture, at least at time of marriage.

    And perhaps after my last personal round with alimony it appears almost anyone can get some
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #6

    Jun 28, 2009, 05:55 AM
    Quote Originally Posted by Fr_Chuck View Post
    Did she not mention that a few years earlier the bio father filed an objection to these papers , so he has to be in the picture, at least at time of marriage.
    I don't see that. The only reference is to her current husband.
    cdad's Avatar
    cdad Posts: 12,687, Reputation: 1438
    Internet Research Expert
     
    #7

    Jun 28, 2009, 06:48 AM

    The other problem that exists in this situation is the as a " step father " they may be entitled to damages againt a non paying bio father. In doing otherwise he would be giving up his civil right to pursuit. The only time this might change is if this case were to be in Canada or another nation that recognizes the responsibilities of a step parent.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Can a step father be ordered to pay child support when boilogical isn't [ 2 Answers ]

I'm in the process of divorce I was married for just under seven years I live in NY state and my wife had a child from a previous relationship she claims that she can order judge to make me pay child support how is this possible when the biological father is known. And not paying support

Does a step father pay child support. [ 13 Answers ]

My wife wants to end our marriage and has a 13 year old daughter living with us of whome I have had no relationship and or allowed to have a say in her journey to adulthood. My wife gets child support from the real father, so do I still pay child support after our marriage is over.

Does a step parent have to pay support for a child that is not his? [ 20 Answers ]

Canada laws please... Ihave custody of my daughter and she has chosen to go live with her father.. she is 13... I have remarried 7 years ago.. I don't work and have two more children to my husband. My ex wants to go to court and get support payments from my husband.. can he do this? :mad: So I...

Step parent child support? [ 4 Answers ]

Hi, I am married and live in Michigan with my wife and her 2 children from a prior marriage and 1 of our own. Her ex-husband refuses to pay her child support and as soon as the order went through for child support 9 years ago, quit his job and became "self-employed". He is currently going...

New step father wants to adopt child that has no father on birth certificate [ 1 Answers ]

I am a new step father and I wish to adopt my 4 year old step son and my 8 year old step son . The 4 year old does not have a father listed on the birth certificate and the 8 year old does but the bio-father has not made any kind of contact in 5 years but is court ordered to pay child support and...


View more questions Search