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  • Some advice please

    I am separated from a commonlaw spouse of 8 years.she has a 13 year old son from a previous relationship,I understand that I am obligated to pay child support but my question is should I be the only one paying as the biological father has never paid support and she will not pursue the father as she has denied him access and is afraid if he pays support he will get access,by the way she has also denied access to me.

  • #2
    shouldknowbetter,

    yes indeed the other father should be paying child support for the child. Name him as a party.

    One thing to keep in mind, if you acted as a parent, you could also bring forth claim for custody and access.

    lv

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    • #3
      Thank you for the reply. I am just trying to gather some information as I am unsure as to what is going to happen.I was told by the ex that she wanted things settled by a separation agreement,but in our once monthly brief discussions when I ask about it I get a list of items she forgot when she left, and child support,this has been going on for over 6 months. I have recieved no legal documentation or drafts of an agreement or anything.So i will probably have more questions as time goes by.

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      • #4
        shouldknowbetter,

        Perhaps it's time for you to draft the agreement. Six months is a long time to wait. I think the best thing for you to do is consult with a lawyer and find out what exactly your rights are to custody and access, and what your obligations are to child support. The lawyer will also be able to explain in detail how the biological father comes into play.

        I just want to point out though, just FYI, that access and child support are two separate issues. It's a common misconception that child support and access act as a trade-off, in that if child support is paid, access is automatic. That is not always the case, especially when the father has had no access whatsoever for a number of years.

        Lindsay

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