My Girlfriend is 7 months pregnant and we plan on getting married in another year, she already has a son but the father has no rights to the child and he doesn't pay child support even though he is ordered by the court, If we get married i heard her son would be legally my child, if it doesnt work out will I be stuck with child support for her son as well as mine ?
2006-11-06 02:59:19 · 16 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
The only time you would be "stuck with" child support is if you legally adopt him and he takes your name. You would have to sign papers showing that you are taking on the responsiblity of that child, but for that to even happen the biological father's rights would 1) Have to be legally terminated via the court system.(obviously that has not been done since he is still paying child support)
2)The father would have to go to court and give up all rights to the child voluntarily.
4) If he the father hasn't seen the child in so many years(yes years) This depends from state to state. The mother can go to court and ask for termination of all rights and responsiblity of the father. This would mean that the father wouldn't have to pay child support anymore, but he would have no more rights as the father.
The mother would take on all of the monetary and custodial support for that child.
Even if the mother gets married all you are doing is marrying her. Yes you are taking some rights to make sure that the child of your spouse has a roof over his head, food on his plate, clothes on his back and a very loving enviorment. If you never ADOPT that son and the relationship doesn't work out You will NOT be liable to pay child support. Also keep in mind. There is already one father out there who has a court order to pay child support for the son. The mother can't ask for child support from another man as well. It's actually breaking a federal law if she did. Hope this helps! Good luck to you.
2006-11-06 03:22:30 · answer #1 · answered by mshellrosie 3 · 0⤊ 0⤋
just like everyone elso says, you will not be responsible for child support unless you legally adopt the child. If you are concerned about the possibibility do you already have doubts about the marriage? Dont get married just for the kids sake. Make sure you love the woman and would want to be with her for the rest of your life even if the kid isnt there. You have to have something there, even if you made it just fine until the kids were grown, would you have anything to keep you together when they are grown? Just think about it, there are so many divorces these days, more than 50 percent of all marriages end in divorce. You can be a father to the child without being a husband to the woman.
2006-11-06 11:07:42 · answer #2 · answered by Jenni 3 · 0⤊ 1⤋
A few things to consider from someone with experiance in this area. If you are together for a long time, and divorce and you end up wanting visitation with the child, you will likely get whacked for support.
If you adopt the child you will get whacked for support.
I myself have custody of my step daughter, she was 14 months old when mom and I met. I never adopted her or anything, just have custody. Mom pays minimal support. I also have custody of our 2 children from the marriage.
If you do not ask for visitation if/when you divorce, and you do not assume dads parental rights, then you would not have to pay.
2006-11-06 11:09:39 · answer #3 · answered by David W 3 · 0⤊ 0⤋
No, of course not. You could adopt the child then he would be your legal responsibility. Although you may love this child and care for him while married to his mother he is not your financial responsibility. If his father is legally obligated by court order to pay child support then his mother needs to pursue that.
2006-11-06 11:02:21 · answer #4 · answered by CyndiDrum 4 · 1⤊ 2⤋
Only if you legally adopt him. But you will be responsible for your own child. But isn't it odd that you are already thinking about divorce and you're not even married yet? You need to ask yourself why.
2006-11-06 11:03:51 · answer #5 · answered by sheeny 6 · 2⤊ 1⤋
Not unless you adopt him. But don't marry her because you sound like you will be an awful step dad. You already feel he's a burden and he already had one disappointment as a dad. He deserves better than you.
2006-11-06 11:02:40 · answer #6 · answered by Anonymous · 1⤊ 1⤋
no you would not be stuck with child support for the step son unless you became the legal gaurdian or you adopted him
2006-11-06 11:01:03 · answer #7 · answered by decembersnow32 1 · 2⤊ 2⤋
If you are asking these questions and you are even married you better think again about the whole better or worse thing of marriage.
2006-11-06 11:06:23 · answer #8 · answered by crazzzy 3 · 0⤊ 1⤋
THIS IS A VERY NEGATIVE ATTITUDE TO TAKE IN TO A MARRIAGE...IT SOUNDS LIKE THE SON YOUR GFRIEND ALREADY AS WILL BE A SECOND CLASS CITIZEN AND THAT'S NOT RIGHT...IF YOU MARRY HER YOU TAKE THE WHOLE PACKAGE ...CAN YOU PUT A PRICE ON THE CHILDREN'S HAPPINESS...I THINK NOT....WAKE UP AND SMELL THE COFFEE.....A CHILD'S FOR LIFE NOT JUST FOR CHRISTMAS
2006-11-06 11:05:21 · answer #9 · answered by michael b 5 · 0⤊ 2⤋
step son no your son you have with her yes are you planning on the marriage not working out? if not you wouldn't be asking this question
2006-11-06 11:04:44 · answer #10 · answered by topgunpilot22 4 · 0⤊ 1⤋