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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 12-08-2008, 01:38 PM
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Default Step Parents & Child Support?

Question: Are step parents required to pay child supoort after a divorce? One spouse had a kid prior to marriage. Marriage lasted about 3 years. If they divorce, is the step parent on the hook for child support?
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Old 12-08-2008, 01:58 PM
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They could be... but the biological parent's ability and obligation to support that child is also taken into consideration. In most cases, the biological father and step father pay child support in proportion to their incomes, based on the guidelines.
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Old 12-09-2008, 06:11 AM
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This is a very short union, and one that will be of benefit to the step parent. As CS from a step parent is based on the depth of that person playing the parental role. If the step parent was responsible for imposing punishment, or taking the child to various medical/dental appointments, attended school activities, and here's the topper, the child referred to the person as "dad" then the courts would view that the step parent indeed acted as a parent in every sense, and basically was "loco parentis" to the child. And this is where CS in proportion to income would be ordered. The courts determine the amount the bio parent is obligated to pay and then they also at the step parents income relative to the table amounts minus what the bio parent pays and that is the amount of CS ordered. This is if the step parent earns more then the bio parent. If the incomes are equivalent, then it may almost be a 50/50 split for CS, or if the bio earns more, there may be little to none ordered depending on the depth of the parental role. That’s the primary factor, how much of a parental role was taken, and how long the relationship lasted and if the bio is in the lives of the children. The short relationship implies that there would have been little opportunity to develop a deep bond between the step parent and the child(ren), (this is good for the step parent). Also the child(ren) had little opportunity to be accustomed to a certain standard of living relative to the new partner, this is also a good thing for the step parent.
I have a horrible flu, so words are not flowing very well, but you get the idea!
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