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He isn't a legal guardian of the child, so he never had any obligation to pay anything. He CHOOSE to pay what he did his case would be dismissed.
Hope this helps,
Louis.
He
HAS legal obligation to support his step-child when parents do not support this child but his expences should be reimbursed.
A mother and father
owe a duty to support their children, and this duty is not displaced by the custodial parent's marriage to a new spouse, the "stepparent," or by the fact that the parent may be cohabitating with another person. E.g. Utah Code Ann. § 78-45-4.2 (1992) (the duty of a stepparent to support a stepchild
does not relieve the natural parent of his or her duty of support). See DeTavis v. Aragon, 104 N.M. 793, 727 P.2d 558 (1986); Monroe County ex rel. Palermo v. Palermo, 192 A.D.2d 1114, 596 N.Y.S.2d 252 (1993); Stack v. Stack, 141 Pa. Super. 147, 15 A.2d 76 (1940); Niesen v. Niesen, 38 Wis. 2d 599, 157 N.W.2d 660 (1968).
The natural parents owe the child the primary responsibility of support, and stepparets' liability for support can only be secondary. E.g. Duffey v. Duffey, 113 N.C. App. 382, 438 S.E.2d 445 (1994); Brandriet v. Larsen, 442 N.W.2f 455 (N.D. 1989).
A stepparent is obligated to support a stepchild during the marriage where (1) there is a statute imposing such a duty, or (2) the stepparent undertakes to act in loco parentis to the child.
B. Statutory Duty of a Stepparent to Support a Stepchild
Twenty states now have statutes imposing a duty on stepparents to support their stepchildren:
(1) Del. Code Ann. Tit. 13, § 501(b) (1994) (stepparent liable for support of stepchild during marriage);
(2) Haw. Rev. Stat. § 577-4 (1993) (stepparent liable for support of stepchild during marriage);
(3) Iowa Code Ann. §§ 252A.2(3) (Supp. 1996) (including stepchild in definition of children to whom a duty of support is owed);
(4) Ky. Rev. Stat. Ann. § 205.310 (1995) (stepparent has duty to support stepchild during marriage);
(5) Me. Rev. Stat. Ann. Tit. 19, § 752(6) (Supp. 1995) (support may be ordered against third party where such party takes custody after divorce after showing of parental unfitness);
(6) Mo. Ann. Stat. § 568.040 (Supp. 1996) (criminal nonsupport statute applies equally to parents and stepparents);
(7) Mont. Code Ann. § 40-6-217 (1995) (if stepparent receives stepchild into family and supports him or her, stepparent is presumed to do so as a parent);
(8) Neb. Rev. Stat. § 28-706 (1995) (criminal nonsupport statute applies to stepparents);
(9) Nev. Rev. Stat. Ann. § 62.044 (1996) (stepparent liable to same extent as parent for neglect and dependency of child);
(10) N.H. Rev. Stat. Ann. §§ 546-A:1, -A:2 (1974) (stepparent owes duty of support to stepchild during marriage);
(11) N.J. Stat. Ann. § 30:4C-2 (Supp. 1995) (includes as child under neglect and dependency proceedings a stepchild);
(12) N.Y. Fam. Ct. Act § 415 (1983); N.Y. Soc. Serv. Law § 101 (1992) (stepparent liable for support of stepchild to prevent the same from becoming a public charge);
(13) N.C. Gen. Stat. § 50-13.4 (1995) (any person standing in loco parentis to child has duty of support);
(14) N.D. Cent. Code § 14-09-09 (1991) (extending stepparent support duty during the marriage and so long thereafter as the stepchildren remain in the stepparent's family);
(15) Okla. Stat. Ann. Tit. 10, § 15 (1987) (stepparent has duty of support to stepchild);
(16) Or. Rev. Stat. § 109.053 (1990) (stepparent has duty of support to stepchild);
(17) S.D. Codified Laws Ann. § 25-7-8 (1992) (a stepparent shall maintain his spouse's children born prior to the marriage);
(18) Utah Code Ann. § 78-45-4.1 (1992) (imposes support duty on stepparent that terminates on divorce);
(19) Vt. Stat. Ann. Tit. 15, § 296 (1989) (stepparent has duty of support of stepchild);
(20) Wash. Rev. Code Ann. § 26.16.205 (Supp. 1996) (imposes duty of support on stepparent which shall cease on termination of relationship between husband and wife).