• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

step-parent support.

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Status
Not open for further replies.

GANN6829

Junior Member
What is the name of your state? NC

I was a step-mother for 12 years. My step-daughters' biological mother died when she was 18 months old. I married her father when she was about 2 years old. I'm really the only mother she has known and she calls me mama. Now that we are divorced, am I legally responsible to pay child support? Since I was her mother for so long.

I never legally adopted her.

thanks for help with any answers.
 


GANN6829 said:
What is the name of your state? NC

I was a step-mother for 12 years. My step-daughters' biological mother died when she was 18 months old. I married her father when she was about 2 years old. I'm really the only mother she has known and she calls me mama. Now that we are divorced, am I legally responsible to pay child support? Since I was her mother for so long.

I never legally adopted her. thanks for help with any answers.
If you didn't adopt her she isn't your daughter so you wouldn't have to support her now that you and the DAD are no longer married...If you want, I guess you could just legally walk away, but if you don't want to help support her I would not expect dad to allow you to participate anymore...
 
I seriously doubt you are legally responsible for this child... but morally, I would hope that you would remain in this childs life even though you and her father are getting divorced. If she calls you Mom and you have been the only mother this child has known, then that should not end because your relationship with her father did.
 

ezmarelda

Member
I am curious to hear the pros weigh in on this one. I am wondering about that *de facto*(sp?) parent thingie...would that come into play with bio-mom beong dead?

...BB...IAAL...Ohio....anyone ?...Buleher....
 

BelizeBreeze

Senior Member
GANN6829 said:
What is the name of your state? NC

I was a step-mother for 12 years. My step-daughters' biological mother died when she was 18 months old. I married her father when she was about 2 years old. I'm really the only mother she has known and she calls me mama. Now that we are divorced, am I legally responsible to pay child support? Since I was her mother for so long.

I never legally adopted her.

thanks for help with any answers.
Nope, you are not.
 

Zigner

Senior Member, Non-Attorney
BelizeBreeze said:
Nope, you are not.
Is this due to the state (NC?)
In California, it is my understanding that support could be ordered, and has been in similar circumstances. Of course, if I am mistaken, I am 100% positive that I will be corrected ;)
 

BelizeBreeze

Senior Member
Unless I totally misread the statutes, the ONLY situations where a stepparent can be legally liable for support is after legal adoption
 

Ohiogal

Queen Bee
I agree with BB. I am not finding anything that makes a stepparent legally obligated to pay chlid support if they have not adopted the child. She might be able to use the "de facto" parent argument if she wanted to claim visitation and child support obligations but it cannot be used against her. And if she did claim de facto parent it would not necessarily work. I find articles and such leaning that way but not the other.
 

ezmarelda

Member
Ohiogal said:
I agree with BB. I am not finding anything that makes a stepparent legally obligated to pay chlid support if they have not adopted the child. She might be able to use the "de facto" parent argument if she wanted to claim visitation and child support obligations but it cannot be used against her. And if she did claim de facto parent it would not necessarily work. I find articles and such leaning that way but not the other.
thanks...I wasnt trying to hijack or anything...just wanted to make sure OP was getting correct info:)
 
C

CALIF-LAWPRO62

Guest
BelizeBreeze said:
Unless I totally misread the statutes, the ONLY situations where a stepparent can be legally liable for support is after legal adoption
My response:

Then you'd be wrong - - at least insofar California is concerned. Do you recall the few times that I've written on this subject concerning "exceptional circumstances" (although rare)?

IAAL
 

moburkes

Senior Member
CALIF-LAWPRO62 said:
My response:

Then you'd be wrong - - at least insofar California is concerned. Do you recall the few times that I've written on this subject concerning "exceptional circumstances" (although rare)?

IAAL
You got in trouble again? I missed it. I know its got to be annoying to keep re-registering!
I really do like your responses, for the most part, IAAL!
 

frylover

Senior Member
Whoa, IAAL! I hadn't been here in a while and I figured the name changes were because you were bored with plain old "IAAL"!

I always thought you were the "ban-ner", not the "ban-nee"!

Anyway, I don't post much, because I don't have legal expertise, but I read alot and I find you very entertaining!
 
Status
Not open for further replies.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top