he has filed for a divorce and believes that he is not obligated to support his step children. He moved out last year when my son was a senior in college and my daughter was then a senior in high school leaving me in a financial strain. My current income is a little over 30k and he has a self employment income of over 150k in with I helped him obtain over 3 years ago. I believe that I'm entitled to something?
2006-08-24 14:56:32 · 13 answers · asked by ms_bunch 1 in Family & Relationships ➔ Marriage & Divorce
Any child that is over 18 is no longer considered a child and the husband no longer has to pay biological or step.
2006-08-24 18:04:49 · answer #1 · answered by cin_ann_43 6 · 0⤊ 0⤋
It depends.
1) if you can prove that he's committed adultery, then NY has got some really nasty laws waiting for him.
2) Has he adopted the children? If not, he has no legal obligation to them at all, because they're not related to him.
3) You need to go for more spousal support than child support - yes, it's taxable income for you and tax free for him - but take what you can get. See if you can get the divorce delayed until you have 10 married years, because then there is more that he has to pay, which is probably why he's filed for divorce now - try to get the judge to wait the pre-requisite 6 months (because there are children), and then keep changing the agreement to get your time in. Once you have 10 years of marriage, when you retire you will be able to collect off of his social security, which will be much more $$$ than you will ever earn on your own, and it won't cost him a dime.
2006-08-24 22:01:25 · answer #2 · answered by Anonymous · 0⤊ 0⤋
No, he is not obligated to support step children, even though when he said I do, he took on the whole family, they have a natural father, and he is the one that is obligated to support the children. The only way the couorts could make the step father pay, would be if he had adopted those kids. Well you might be able to get alimony, just because of the custom in which you have lived since you have been married to him.
2006-08-24 22:02:53 · answer #3 · answered by theladylooking 4 · 0⤊ 0⤋
Sorry for your situation. Regarding child support....don't think your husband will be responsible as he is not the children's natural father. I'm assuming you are or were getting child support from your kids real dad in the past or currently? If so, then for sure the courts won't allow you to "double dip". The only way your husband would be obligated to pay child support for your children is if he legally adopted them.
But you should be entitled to alimony....and the courts will factor in the amount he makes at the business. Good luck!!
2006-08-24 22:13:02 · answer #4 · answered by Tony 4 · 0⤊ 0⤋
well I kinda doubt it. I wouldn't even feel right about taking it if he offered. And kids who are seniors in college don't qualify for child support anyway, and a senior is high school is only months away from no longer qualifying. I'm guessing that they've never worked a day in their lives??? My kids paid their own way through college and are both lovely successful young adults now. How old are they gonna be before they do something for themselves? And where what about their FATHER???
IN NE, being married 21 years ya still don't get alimony, which I'd never had seen anyway cuz the blankety blank doesn't pay his CS.
2006-08-24 22:09:26 · answer #5 · answered by Anonymous · 0⤊ 0⤋
I seriously doubt if you can get child support from a man who is not the biological father of the children or has adopted your children legally as his own. Now what you may want to look into is alimony. I am from Texas, so the law here is you have to married for 9 yrs in order to receive it. Check online with your state, they should have the laws posted there.
2006-08-24 22:03:43 · answer #6 · answered by Bambi J 2 · 0⤊ 0⤋
More then likely he is not liable for your children, their biological children are unless he adopted them. If you have been married nine years you possibly can get marital support but that is up to the state laws there. If you can prove your way of life will greatly reduce when you divorce you can use that, get a good attorney that is familiar with the laws.
2006-08-24 22:08:58 · answer #7 · answered by Anonymous · 0⤊ 0⤋
did he adopt the children, do they have his last name? if he did not adopt the children, sad to say, he has no obligation in the court system to pay any thing. with regard to the children after the age of 18 there support would stop no matter what the out come would be. you said they were already in college, i think it would be to late even if it were possiable.
2006-08-24 22:15:14 · answer #8 · answered by melindafrady 1 · 0⤊ 0⤋
This may be dissapointing but there is nothing you can do to get him to support your children because they're not his. Although the two of you were married and they became his step-children, he is not the biological father and therefor doesn' have to pay any means of support to you. What about their father?
2006-08-24 22:16:43 · answer #9 · answered by ♪Msz. Nena♫ 6 · 0⤊ 0⤋
He is not responsible for the maintenance of your children by someone else. BUT, you could feasibly get alimony from the court. Get a good lawyer.
2006-08-24 22:52:20 · answer #10 · answered by Slimsmom 6 · 0⤊ 0⤋