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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 02-14-2014, 11:33 AM
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Ok...so mom is collecting full table amount from bio dad and also the father who has been acting as such...up until recently where the child has broken contact and mom is helping to facilitate against court order access....imo puts her in contempt...child is 14.

There is a child between them...which he also pays cs. My question I guess is....that the child who is not his blood...is receiving support from two fathers....and the other child is receiving regular cs....is this not double dipping?? Also is it fair to the other child that tech is receiving a much lower share of cs??
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Old 02-14-2014, 11:40 AM
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Might not be fair, but it is reality.
I have a friend who was ordered to pay CS for his ex girlfriend child after they had lived together for 4 years. She was collecting CS from the bio dad as well. The judge said my friend had acted as a father and had brought the standard of living to a higher level and that it was not the child's fault the relationship had ended and the child should not suffer by having to live at a lower standard if living. The ex also got,the house and 1/2 use of the summer camp. He actually had some access to the child for a little while, as he was very fond of her, but after a while the ex GF made it very difficult and actually moved away. The child was 8 at the time and he is still paying CS 10 years later.
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Old 02-14-2014, 12:25 PM
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I believe so, he does pay less than table amount. But he also was on the hook for spousal and gave up his equity in the house in lieu of spousal. I guess it was considered a lump sum.

The point was, from the judges point of view, once he had taken on the step parent role and used his own funds to enrol the child in swimming, skiing, girl guides, summer camps etc he was duty bound to keep that lifestyle for the child. That the adults relationship breakup should not adversely affect the child's life.

So " double dipping is allowed"

Last edited by Beachnana; 02-14-2014 at 12:30 PM.
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Old 02-14-2014, 01:42 PM
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There wasn't cs from bio dad prior to break up....it wasn't until the break up that cs began from bio dad....so now support is being paid from both....so there would have been no increase of standard of living ...insofar that prior to the breakup the only consideration would have been the step father....it is then that mom brings in bio dad to get cs from him as well....the judge excepted this....and has been paid as order by step dad for 6-7 years now... so with bio dad paying...as he should...is there still really an obligation for the step dad....and does it not but the step child at an advantage...being that cs is supposed to be for the child not the parent
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Old 02-14-2014, 04:01 PM
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IANAL, but I think the term you were looking for is In loco parentis. Wikipedia has an article on it at http://en.wikipedia.org/wiki/In_loco_parentis,and it's Latin for in the place of a parent What all this means is that if in a relationship there is a child, you could be seen as a taken the place of the child's biological parent. Child support could be ordered, even if the child is not yours. You have to prove you were not acting as in loco parentis to not pay child support, I think. There is tons of information on the web about this.
*Sorry about the bad grammar, at work and having to type this on the fly*
Did a quick search on the term in local parentis and these url came up, might be worth a read: http://www.canada.com/reginaleaderpo...6-cd453c89fa9d
http://www.harrisandharris.com/idv_article.php?id=87
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Old 02-14-2014, 04:38 PM
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Thanks...however I understand cs can be ordered even if you're not the bio parent.... i was.looking for more info along the lines of double cs paid to one child ...and if you think about it...the cs is paid three times...if mom is considered to be paying equally??
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Old 02-14-2014, 05:38 PM
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LostFather, in my own research, I heard of a case where one women was actually getting child support from three different guys for the same kid. As for your second question, I don't know the answer but maybe someone else might be able to answer that.
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Old 02-22-2014, 12:22 PM
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When it comes to child support and step parent, depending on the age of the child when the step parent came in picture and the role that they played in the child life matters. Courts take this seriously when the stepparent all if a sudden cuts their ties with the step child .
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Old 02-22-2014, 12:42 PM
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Family Law justifies ALMOST anything if it has the impact of benefitting a child no matter how unfair it and to a lesser degree a poor spouse.
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