Interesting Child Support Question

[wildbillskins]

What is the name of your state (only U.S. law)? Maryland

I appreciate any and all responses in advance. I was married to my ex for 10 years. When I met her she already had a child that was five months old and we had another. Although i raised her as "my daughter" she always knew that there was another guy, biological dad, who was part of the equation.

Biological dad was not in the pictur whatsoever but did pay child support and is listed as Dad on the birth certificate. Post divorce I now have primary physical custody and joint legal custody of both kids- for the daughter that was not biological mine, bio father signed off (this was required by the courts as all is included into a court order).

Child support hearing is coming up and the lawyer of my ex has my income listed under "father". How is child support calculated when you have both biological parents involved and a non-biological adult has primary custody?

 

[Ohiogal]

What is the name of your state (only U.S. law)? Maryland

I appreciate any and all responses in advance. I was married to my ex for 10 years. When I met her she already had a child that was five months old and we had another. Although i raised her as "my daughter" she always knew that there was another guy, biological dad, who was part of the equation.

Biological dad was not in the pictur whatsoever but did pay child support and is listed as Dad on the birth certificate. Post divorce I now have primary physical custody and joint legal custody of both kids- for the daughter that was not biological mine, bio father signed off (this was required by the courts as all is included into a court order).

Child support hearing is coming up and the lawyer of my ex has my income listed under "father". How is child support calculated when you have both biological parents involved and a non-biological adult has primary custody?

You are not father of the one child and there fore the biological father needs to be included in that hearing. Was he served? If not there are issues.

 

[single317dad]

Your child support case is more complicated than the standard "one mother/one father, NCP pays support" scenario. As such, it will require customized paperwork, and two separate statements from the court (though both may be contained within the same order).

Do you have an attorney? Are you using CSE services?

 

[wildbillskins]

Thanks for the responses so far....the biological father has signed off on the consent order relative to custody and he is "involved" in the ongoing child support discussions. The child support hearing is scheduled for May and I do not have an attorney. Presently I am in discussions with the attorney who is representing the mother and coordinating with the biological father. She submitted a draft consent order with the maryland state child support guidelines attached. It is the worksheet that included the mother's income and my income but did not include any information pertaining to the biological fathers. This includes leaving out the fact that the biological mother receives 800.00 a month from the biological father. Because there is no mandate for him to pay child support her attorney spins it as a "gentlemans agreement" vice child support.

I'm not actually seeking child support as I can provide. I simy feel that the child support should be accurately determined prior to me waiving it....

 

[Ohiogal]

Dad needs sued for child support. Then both mom and dad's income needs utilized for their child and you and your ex's income needs utilized for your mutual child. Both parents should be paying you child support for the child you have that is NOT your child.

 

[Zigner]

I'm not actually seeking child support as I can provide. I simy feel that the child support should be accurately determined prior to me waiving it....

If you are (for now) waiving child support, then there is nothing to be determined. In fact, it's wasting the court's time to do so.

 

[wildbillskins]

In regards to waiving the child support I specifically told the magistrate that "I wasn't worried about child support" to which he responded, "the state and I (the magistrate) need to worry about it. He stated it needs to be calculated and then I can waive it if it's in the best interest of the child.

Whats further interesting is the way they are currently calculating child support has her paying child support to me for my biological daughter and me paying her for my non biological daughter. This is because a different calculator is used because my non biological daughter stays over her house an additional night per week.

Can anyone point me in the right direction of a document/law or ruling that would stipulate that the biological fathers income should be included in the calculation?

 

[Zigner]

You should (at least) consult with an attorney. There is NO reason you should be paying anybody anything for your non-biological step-child.