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C/S from Bio to Non-Bio in California

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PaPaDoo

Guest
What is the name of your state? California - I have 2 daughters from my previous marriage. A 16 year old stepdaughter who I raised since she was 18 months, and a 12 year old natural child. The 16 year olds bio father is Danish and lives in Denmark. He has made no attempts in 16 years to see our daughter. Our existing sharing schedule was week with mom, week with dad etc. Last year, my then 15 yo step-daughter requested from her mother and I, to spend an extra day or two at my home on her 'off' week - giving her some quiet time. At first the mother agreed, then later turned a 180 and tried to have our existing MSA overturned and gain full custody of our then 15 yo daughter (step-daughter to me). Well, the judge and family court services completely disagreed and ordered primary physical custody to me, and 5% visitation to the natural mother. That was October 9, 2003 - Since that time, the mother has spent a whopping 11 hours with our 16 yo daughter. Recently, I filed (in pro per) a simplified order to modify child support. Her Attorney argued that she shouldn't have to pay the "non bio" of her daughter any support. The judge disagreed and pointed out the mother’s first obligation was to take care of her children, and asked council to help him (the judge) understand council's logic. After a few minutes of bantering the morality of it, the judge told both of us he would take it under advisement and get back to us with a decision. One of the attorney's closing remarks was that there is no provision in the family code covering C/S payments to a non-bio parent. The judge at one point even pulled out the Family code and started flipping through it. My question is simple - is there code covering this scenario and what is it? Funny thing is that I paid support for my non-bio daughter and half (or more) of everything else including insurance prior to the new orders - I guess stranger things have happened! The reason I ask is that if I can find the code, it will help the judge and give him something to hang his hat on.
 


stealth2

Under the Radar Member
I would look to see if there are provisions for support going to guardians such as grandparents, aunts/uncles, etc. Also how CA handles parental repayment to the state when a child is placed in the system. My understanding has always been that bioparents can be ordered to pay support when a third party steps in to care for the child(ren).
 

nextwife

Senior Member
As Stealth stated, there are many situations in which someone other than a bioparent is recieving the CS! Their reluctance to award CS seems odd to me, as THE CHILD should be entitled to be supported by their bioparent regardless of who they are living with, if not emancipated. Makes no sense that the child is not so entitled if they are living with someone not their bioparent.
 
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PaPaDoo

Guest
I, and the judge, agree with both your positions, however - lacking any code or case cites, the judge seemed a little hesitant to calculate and award CS for my stepdaughter. The opposing council tried to make it appear as I was to receive money for my benefit, and not the the mother was providing support for her daughter. What I really really need is the specific Family Code or some case cites. Thanks to both of you for your time!
 

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