divorced but not his kids?

Question

my friend marry this guy for 3 years but he not the father of her 2 kids and they are now divorced

can she get child support from her ex husband even it not his kids but he has been supporting her two kids ? no they don't have the ex husband last name

Answer 1

No, its not his legal obligation to support her children....He didn't adopt them nor is he even on their birth certifcate...His decision to help take care of them was simply up to him but, the one who she should petition for child support is the biological father of the children...He shouldn't be held accountable for doing a good and honorable deed....

Answer 2

well that depends. if they were married before she became pregnant with the children, then it could happen. The husband is always assumed to be the father of children born inside a marriage. If the paternal father is not alive, then he may be asked to pay support on these children as he had been supporting them duirng the marriage, whether or not they were born before or after they married. however, if the paternal father is alive, then all the ex husband has to do is request a dna test and the judge would order the real father to pay the support and not the step father. If the step father has not legally adopted the children, then he has no legal ties to them and that includes payment of support. She can request alimony from him though, as required by divorce(though rules vary in each state).

Answer 3

Generally you have to file against the biological father of a child for support.

If a subsequent husband legally adopted the child(ren) then possibly you can request support from him, but an attorney should be contacted on that issue.

Of course, a man CAN choose to support kids when he divorces, even if he hasn't adopted them. Any man who would choose to do so is very kind and fair.

Answer 4

Not unless he adopted them. Why wouldn't she get the child support from the kids father? That's kinda shady to go after the ex for support of kids that aren't his. But no, legally she can not, unless he legally adopted them. Tell her to go after the real father!

Answer 5

Nope, he doesn't have to support her children by another man. If she wants child support she is going to have to go to the children's biological father for it. Just because he was stupid enough to support someone else's kids while they were married doesn't mean he has to continue after the divoce.

Answer 6

Because the courts make an effort to do what is in the best interest of the children, your friend just might be able to get child support.

I don't think its fair, but it is what is happening.

Answer 7

If the childern were born during the marriage, the assupmtion is that they are his kids and support will be awarded. If in fact, they are truly step childern, NO support will not be awarded. That is the way it works here.

Answer 8

if he adopted the kids and they have full custody he should support the kids, but if the real father is still alive and capable, it's his responsibilities to support his kids own kids.

Answer 9

As odd as it may sound, she might be able to.
As long as he's been supporting them, there may be a precedent set - meaning since he's always done it, he may be obligated to continue.
She'd need a lawyer though.
AND it wouldn't be a very nice thing to do.
Tell her to grow up and become a "woman" - take care of herself and her kids - she'd be surprised at how much better she'd feel about herself.

Answer 10

Not unless he has his name on their birth certificates or he legally adopted them. If it is, then the court sees him as the father. If not, then she would have to prove he is their father by doing a paternity test.