Hope someone can help me.
Background:
Living in Ontario
BF was living common-law with someone for 10 years.
One child (daughter) is biolocically his, one (ex's son from another guy) is not his.
They broke up over 3 years ago and dissolved the common law marriage.
He has minimal contact with her son and only sees him when he goes to pick up his daughter (who he does support)
She is now trying to collect Child support from him for her son by another man rather than trying to collect it from his biological father.
Is there a time limit on how long she can wait to put through this type of a request since a) he is not the boys biological father & b) they were not married, only living common law. & c) they haven't been together for 3 years.
Thanks.
2007-11-26 06:39:22 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Peppersham:
You misread my post. I AM not trying to do anything. This is my BF'S ex trying to do this to him.
2007-11-26 06:59:06 · update #1
we know its not his child, no test needed since he turned 1 the year they got together
2007-11-26 07:00:00 · update #2
I am in ontario, so our laws here are somewhat different. I do know that here, if you are in a Common Law Marriage with someone who has kids & you play an active role in their upbringing You can be held liable for support of them if the relationship dissolves. It doesn't matter if you are their biological father or not.
I am just not sure on the time limit of her requesting support from my BF for a child that isn't his.
2007-11-26 07:04:31 · update #3
You can not collect child support from a non bilogical dad,yes its happened but that judge should be in jail.Not all states reconize common law "marriages" You need to get a test for who is the father and go that way only.Sorry what you are trying to do can land you in jail .
2007-11-26 06:49:24 · answer #1 · answered by peppersham 7 · 0⤊ 3⤋
She can request anything she wants. Whether she gets it or not is the question.
If he's not the biological father, wasn't married to the mother at the time of the childs birth, and has never "publicly held himself out" as the childs father, then there are no grounds for him to be liable for child support.
To Pepper and Surveyor... sorry, but there ARE grounds in US law for a non-biological father to be found liable for child support.
In most States the mothers husband at the time of the birth of a child is the presumed father, unless he disputes it within a certain period of time. After that time frame if they divorce, he will still be liable for child support.
Also, several states have "public acknowledgment" laws. In those States, if you publicly acknowledge someone as your child, that acknowledgment can make you liable for child support, even if it later turns out you were wrong.
Richard
2007-11-26 14:49:54 · answer #2 · answered by rickinnocal 7 · 1⤊ 0⤋
http://www.findmybiologicalparents.com is a great resource for reading stories about re-uniting as well as provides a free registry for those seeking to find their biological parents or loved ones. Also a database regarding adoption laws by state.
2007-11-28 17:07:55 · answer #3 · answered by Miranda T 2 · 0⤊ 0⤋
In the US, this wouldn't even get to court. In order to be court ordered to pay child support, you MUST be the biological father. I don't know about Canada, but if this actually happens, it is wrong on many levels.
2007-11-26 14:49:29 · answer #4 · answered by Surveyor 5 · 1⤊ 2⤋
It should be impossible.
2007-11-26 15:31:16 · answer #5 · answered by zombi86 6 · 0⤊ 0⤋