[coop97]

I have a 16yr old stepson who's father does not pay child support, except when he has a couple of extra dollars that he can "afford" to give towards his son. My wife and I barely make ends meet. We send our son to a private school with a sizable tuition payment. I want her to file for child support so we can save a little money for our own children. We both want to have children ASAP but financially it is almost impossible because of all the money that goes toward tuition and bills. She won't file because our son said not to because he doesn't want to see his dad go to jail. What are my options? Should I file for adoption/ legal guardianship? I'm at a my breaking point with this situation.

[Alty]

If you file to adopt and the bio dad agrees, then filing for child support will be a moot point. Once you adopt, you're the father, and all rights or responsibilities the bio dad had, are no longer relevant. In other words, if you adopt, you'll still be in the same boat, minus the few dollars he throws your way once in a while.

You cannot file for child support since you're not the biological parent of this child. Only the mother of this child can take the bio dad to court for child support. The 16 year old boy has no say in this. It's all up to his mother. So why isn't she going to court for support?

I do have to ask, why are you mentioning the private school and the costly tuition. If your wife has custody, and has decided that private school is the only option for her, that's on her head, not the bio dads, unless he agreed to pay for half (not verbally, but in writing or court ordered). Is there even a court order for child support? Did they ever go to court to establish that, or is this all wishful thinking, hoping that the deadbeat dad will support the child he helped create?