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I am looking for some advice / information.... i am going through a separation - divorce. My ex-wife was married prior to me and has a child with her first husband, he is paying support, will i have to also pay support?? is it a pro-rated amount?? i don't have an issue paying some support, i just dont dont want to be raked over the coals...... also this child is 16 and talking about wanting to move in with his bio-logical father, if this happens would i still be responsible for support??
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You aren't automatically responsible for support. Your ex would have to show that you were acting as a parent, and would have to show things like you being involved in schooling, medical decisions, taking care of the child when sick, taking days off work to care for the child, paying directly for the child's expenses like after school activities or sports. You get the picture.
The the mom was handling all of this then then it is LESS likely you would be held responsible for child support. Also look at how the child saw you, did the child call you dad? Did you refer to yourself in the community as a parent or step-parent to the child? Did you ever sign permission forms, etc?
It's not one thing, it's how many little things.
If it is shown that there are sufficient reasons to consider you the child's step-parent, then you can be found responsible for paying support. No, it is not pro-rated, you pay the table amount according to your income. If you have good reason to not pay support, or so much support, such as heavy debt or you're responsible for another child, then you have a better chance of a reduction than if you were bio-parent. This whole thing is grey, it is based on a dozen small arguments it is not black and white.
If the child moves in with bio-father, this in theory shouldn't affect your support payments, the support would be for the child. But if the child decides to cut off contact with you completely, and doesn't recognize you as a parent or authority anymore, then this also is an argument for not being responsible for support.
If I were you I would wait to see if the mother wants to persue you for support, and in fact if the child moves in with the bio-dad then why would she? If there is a claim, then see a good divorce lawyer who has handled this kind of thing before.
If you want to read about this, look up "in loco parentis". It is not automatic, it has to be shown, so don't get too nervous until you find out the ex's intentions. -
thanks for the adviceComment
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If you were close with the child then maybe putting away some money for his post-secondary schooling would be enough to satisfy her.
Like Mess said, it isn't automatic, but thinking about your options now is a good start. Just don't hand anything over unless she gets serious about it (or unless you want to)Comment
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thanks guys for this advice, i am very close with my step-son and i do want to help, i feel it is the right thing to do morally. I just don't want to pay through the nose if i dont have to.... I am hopeing that she feels the same way...Comment
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