what r my choices here ??

[coffeeman690]

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My ex wife has asked me to pay CS but the Bio dad doesen't. Im fighting this and has threaten to take me to court. He has a crappy job and I make good money so what am I looking at here. Who decides the amout when 2 people are to pay. I feel I may get the wrong end of the stick here cuz my income. He never has paid a dime even when we were together so what r my rights here and can i or both us get back pay from him??

THKS

[logicalvelocity]

See your other post.

Let them take you to court. They have they heavy onus to prove that you acted as a parent to said child. Be sure to name the biological parent as a party.

See this case with a predictiment similar to yours.

Weinert v. Weinert, 2005 CanLII 3478 (ON S.C.)

http://www.canlii.org/en/on/onsc/doc...anlii3478.html


In the result, the court added the biological parent as a party to the claim of child support.

Also, see this case

M.P.(C.) v. P.(R.), 1991 CanLII 4202 (ON C.J.)

http://www.canlii.org/en/on/oncj/doc...anlii4202.html

lv

[robrjm]

Step dad

The judge can order both fathers to pay. The judge will want to maintain the child's standard of living (the courts do not want the child to suffer from the parent's divorce). Therefore, I beleive the courts will ask you to pay the full table support. If you can get the bio-father to be named as a party, then the court will likely subtract the bio-father's table support from your's. Usually, child support obligations begin after a request for support is made. Therefore, back payments from the bio-father are not likely (these payments would go to the child - not you). Since the bio-father has a low income this won't help you alot. The judge could ask both father's to pay the full amount. However, that's not likely. In my case I get to subtract the bio-father's child support of $200 month from my spoort payments. I wish he'd get a decent paying job. I pay lot more than him - and you will too. However, I also have access to my step-daughter (fought and won a motion for access by myself and she had a lawyer). If you can show that you did not act in a parenting capacity you will not pay any support. If the marriage was short, you could get an order requiring child support for a short period.