Are Stepparents Ever Required to Pay Child Support for Their Spouses Child or Children?
The general rule is that you are under no obligation to pay for the child support. Under the law, only the legitimate parents of the children have the duty to provide for such support.
Getting married is one of the best things that can happen in your life. Cliché as it may sound but once you have decided to tie the knot, everything will change. Your preferences and choices in life will become different since there will be many things that you have to take into consideration. Your obligations will include not only for yourself but also to your spouse as well as your future children or their kids from the previous marriage.
If you were to ask divorce lawyers in Milwaukee they would advise that if you are planning to enter into a contract of marriage with your partner who has children from a previous marriage, you need to look into some basic legal issues. One of which is your obligation for the support of his or her children. The general rule is that you are under no obligation to pay for the child support. Under the law, only the legitimate parents of the children have the duty to provide for such support.
However, there are instances when you may be obliged to pay for the child support. The requirement varies depending on the factual circumstances attending the case. If you decide to take the child in your custody, then you may be considered as having placed yourself “in loco parentis” to the child. In such case, you assume the obligation of continuing the child support. Nevertheless, you cannot be compelled to spend a specific amount especially after the divorce decree for the first marriage has been granted.
Another instance where you have the duty to pay for the child support, is when you adopt the children from the first marriage. The reason behind this obligation is the fact that once the legal adoption is perfected, you become the parent of the children involved. The law expressly provides that as a legitimate parent, you must provide for the well being of the adopted kids.
In divorce proceedings, the judge has the discretion to determine who among the parents has the duty to provide for the support of their children. This is the reason why the spouses praying for divorce are given an opportunity to present necessary documents and evidence to back their prayer. A separate petition praying for child support may also be filed independently in cases where the petition for divorce has been filed first.
To have a better understanding about this matter, it is recommended that you talk to a lawyer who can give you a better explanation concerning the laws involved. Before you enter into the marriage, make sure to settle this kind of issue first.
References: Child Support
Child Support Articles & Frequent Questions
Three Simple Steps
Find out how simple the divorce process can be when you work with a law firm that puts you first. Book your consult today!
3. MOVE FORWARD