Every state seems to have thier own laws on many things, however My question is this;
A friend of mine is battleing an issue, it seems every Guy in NYS has to pay Child Support for his Step-Children ecept for her husband. The judge told her if she can find a law that says her husband has to pay Child Support for her Child (his Step-Children) then he will grant it, other wise she is out of luck.
I have tried to find her a law, but I cant seem to find any laws on this.
If you know of a web sight where this law is, could you please provide the sight so that I can print it and give it to her?
thank you very much.
2007-03-15 02:52:22 · 14 answers · asked by Me 4 in Family & Relationships ➔ Marriage & Divorce
Dont be mean about it, as every one else it is a question.
NYS = New York State
And in NYS Step fathers DO pay for Step children until the divorce is final, however for some reason not in her case.
We did however hear from a lawyer that the judge him self just went through a bad divorce and got soaked for support, so others are also suffering and complaining that he judges unfairly.
On another note, dont be rude, either you know where to find the law or not. Also just because you never herd of it does not mean it isnt so.
2007-03-15 03:01:30 · update #1
Hi, at first I had a hard time, but I came across a pamphlet that explains the child support in NYS called the Cross Bourough Collaboration that says that a stepparent is required to pay child support only if the child will be on welfare without it. Also, it says that a stepparent will not be required to pay child support if the parent files for divorce. Anyhow, just do a google of that pamphlet and you can read the whole thing. Hope it answers your question.
2007-03-15 03:11:57 · answer #1 · answered by Anonymous · 2⤊ 0⤋
Thre is no such thing. The Judge was just making a point. He knows the law, he was just making her understand that she was asking for something ridiculous. Obvioulsy she didn't get it.
The biological father of the child is the one responsible to pay child support. Not the step-dad, is not his responsability.
She may be better off asking for alimony instead, but if she has a steady job, then she is SOL.
Good luck
2007-03-15 09:59:26 · answer #2 · answered by Blunt 7 · 1⤊ 0⤋
I'm sorry I can't tell you what you want to hear, but I can prove what I'm about to say. There is no obligation to pay child support for Stepchildren. The next line is my proof of such and is sited directly from New York Case Law. Sorry.
Once marriage ends or is declared non-existent, collateral liability to support stepchildren also ends. M. v M. (1972) 69 Misc 2d 653, 330 NYS2d 934.
2007-03-15 14:24:00 · answer #3 · answered by Crash 2 · 1⤊ 0⤋
I don't think there is such a thing. Only if he legally adopted them. Would she want to be responsible if she had step-children with HIM and had to pay him? It would not make sense because its not like he will have visitation or a chance at custody for a child he did not create.
And don't listen to people like littlemama here. She hates anyone who gets child support because her husband pays his ex-girlfriend.
2007-03-15 12:30:29 · answer #4 · answered by Tink 5 · 0⤊ 0⤋
Never heard of a man paying support for step children. If he did not legally adopt them than I can't see why he is responsible. Your friend should go after the father of the children if possible.
Your friend needs to contact an attorney.
Good luck.
2007-03-15 10:25:06 · answer #5 · answered by Anonymous · 1⤊ 0⤋
Only the childs biological parent is responsible for support. Maybe the people that are paying to help out with step kids are doing it out of the kindness of their heart. It isn't because the court is making them.
2007-03-15 10:00:11 · answer #6 · answered by Just J 3 · 1⤊ 0⤋
I have never heard of a man having to pay child support for his step children. What is NYS? Is it supposed to be New York City?
This is all I could find:
Is a stepparent obligated to financially support his or her stepchildren?
No, a stepparent is never obligated to support stepchildren unless the stepparent legally adopts the children. For more information, see Stepparent Adoptions.
2007-03-15 09:57:29 · answer #7 · answered by bina64davis 6 · 1⤊ 0⤋
Good luck......you will not find any law that says a man is financially responsible for a child that isnt his. I dont know why you would even think that he should be. Now if he had legally adopted the child that would be different.
2007-03-15 09:57:56 · answer #8 · answered by Anonymous · 1⤊ 0⤋
Here, this is the best I could do. It's the phone number for OTDA for NYS. Call there and they would be aware of this law, if there is one, Child Support Enforcement: 1-800-846-0773 and they should be able to advise you.
2007-03-15 10:13:48 · answer #9 · answered by Anonymous · 0⤊ 0⤋
The operative term is STEP children.
Why should a guy have to pay for a kid who is not his.
Where is the child's biological father?
2007-03-15 09:59:02 · answer #10 · answered by Flagger 6 · 3⤊ 0⤋