Can anyone help? My ex brought my daughter up as his own for 10 years and does not pay child support we recently divorced and he won't pay anything for her ? Can I claim child support from him?
|
Can anyone help? My ex brought my daughter up as his own for 10 years and does not pay child support we recently divorced and he won't pay anything for her ? Can I claim child support from him?
No. Only the father (including the adoptive father) is responsible for supporting the child.
I am assuming he is not the father.
You would take the actual father to Court and request support.
Your "ex" sounds like he did what a lot of men don't do, which is support a child that is not his. Why are you trying to get money from him now?
In our divorce I took nothing on the bases that he took care off my daughter as he was the father for 10 years
You made a mistake - I am amazed that any Court would grant a divorce with a stipulation/agreement that a non-parent would continue to support a child. That is not going to happen in my State (NY).
What exactly does the Judgment/Decree of divorce say about the child? If your "ex" is responsible for support (however far fetched this seems to me) then he is in contempt of Court and you need to go back and file contempt charges against him.
Have you never attempted to collect from the father?
Your "ex" is in no way the legal father (in any fashion) to your child UNLESS he adopted the child. Did he?
No he didn't how ever he doesn't pay me spousal support either and he still has the house and the cars on the agreement he would look after our daughter.. I find it hard to believe that he doen't have to pay anything..
If you find it hard to believe, consult with an Attorney who will charge you a chunk of money and tell you exactly what I have just told you.
If you waived spousal support, the house and the cars and your Attorney ALLOWED that agreement, you have an issue with your Attorney.
If you decide that I am incorrect and consult with an Attorney who tells you otherwise, please come back and quote the section of law so that I don't give the same incorrect advice again.
... and I find it hard to believe that someone wants to get child support from the wrong person. The upbringing of the children is PRIMARY responsibility of parents but not for former step-parents.Quote:
Originally Posted by nannoo
What about the biological father?
That is why people need lawyers.Quote:
Originally Posted by nannoo
Who told you that you were automatically entitled to alimony?I guess a part of assets were his premarital assets .
I just contacted a family lawyer and they have told me that he is responsible for child support as he was technically her father as he brought her up as his own for 10 years
I almost believe you;)Quote:
Originally Posted by nannoo
There is no statute in the USA which requires stepparents to pay child support for their stepchildren after divorce.
Quote:
Originally Posted by nannoo
Please ask that "Family Lawyer" for the case law - some of us here have attended law school, are Attorneys, have excellent research skills. We disagree - and I think I speak for everyone. My husband is deceased; I raised his children as my own; I am not responsible for their support - I don't see that your situation is any different.
So let us know the case law on this so that we can answer correctly in the future.
I assume you will be taking him to Court for contempt of a Court Order (ordering support) so please let us know which Statute applies.
The "Family Lawyer" should have no problem giving you this info. If you would post your State, I can look it up myself.
I don't like to cause you any more hassle than you already have but I simply and plainly do not believe you. Of course, that doesn't matter - only the Law matters and I'd like to know what it is.
Its called "de facto" parent. This new classification can apply to any non-biological parental figure — and it specifically mentions stepparents.
Read more: Are Stepparents Real Parents? - TIME
Courts are guided in deciding custody disputes by the principle of the best interests of the child. In general this means if the stepparent and child have a close relationship and the child tends to view the stepparent in much the same way as a biological parent, then the stepparent will have custodial rights to the child, and may even be awarded primary physical custody, if such rights are sought by the stepparent during the divorce process. See RSA 458:17 and Stanley D. v. Deborah D. 124 N.H. 138 (1983).
The stepparent has a relationship with the child that is recognized under the law, and may be required to pay child support as long as the divorce is pending. Such an obligation may even continue after the divorce is final, especially if the stepparent is awarded visitation rights. See RSA 546-A:3.
Additionally, stepparents who demonstrate a full commitment to raising and caring for their stepchildren are generally charged with the rights and duties attributed to natural parents. So I think I have the 'correct' answer. Thanks anyway!
Someone misread Stanley D. v. Deborah D...Quote:
Originally Posted by nannoo
There Stanley asked for custody rights and received them thus he agreed to pay child support.
You are trying to convince us in unbelievable.Your case is so different from those you cited.If your goal is to convince us in your thesis-you will have no successQuote:
Originally Posted by nannoo
This is the real issue here. The other information you cited has no bearing since they don't apply to the particulars in your case.Quote:
Originally Posted by nannoo
But there are problems even with this. First, being that the relationship has to be "recognized under the law". But a step-parent is not, normally a relationship recognized under the law. Second, your divorce is no longer pending.
So what you have is a someone writing an INTERPRETATION of the law, not citing the actual law. They are interpreting that a court MAY grant support. Does your ex have visitation rights?
Quote:
Originally Posted by nannoo
This has nothing to do with your question, at least as I read your question. Did you actually read the case?
I see no mention in any of your posts about visitation rights.
And, again, WHAT DOES YOUR DIVORCE DECREE SAY ON THIS SUBJECT?
546-A:3 Duties of Support. – An obligor present or resident in this state has the duty of support as defined in this chapter regardless of the presence of residence of the obligee. :confused:Quote:
Originally Posted by nannoo
Yes he does he stated in the divorce that he still want to take an supporting role in her upbringing
| All times are GMT -7. The time now is 12:23 PM. |