Support for Non-biological Children

What is the name of your state? California

My boyfriend divorced his ex 2 years ago. Since then, he was ordered to pay her $1500 a month in child support. He does have a good job and does make more money than she does. I asked him why he has to pay that much money every month, I thought that was just outraegous for one child. He informed me that when they went to court 2 yrs. ago his ex filed a "hardship" and he was ordered to pay that much not just for his own biological child, but for her two other children that were not biologically his. He never adopted them, just was their stepdad.
What I want to know is, how could the judge order him to pay for kids that are not biologically his?? Does anyone know what he would have to do to modify that?? One of her older children is going to be 18 in August and her other child is 16. He is sick of having to pay her that much for two kids that are not his.

And what did his attorney tell him when this order was issued?

He unfortunately did not have an attorney at the time. The judge pretty much told him to pay and thats it. His ex didnt have a job at the time of her divorce, and since then has gotten a job and moved in with her folks. So, I am not sure why the judge would make him pay for kids that were not biologically his. It floors me.

well, what he "saved" by not spending money on an attorney, he has more than paid out in monthly CS! He needs to consult with an attorney and address this. Does he have visitation rights to these kids? Is he considered the daddy? Or is their dad in the picture?

nextwife said:

well, what he "saved" by not spending money on an attorney, he has more than paid out in monthly CS! He needs to consult with an attorney and address this. Does he have visitation rights to these kids? Is he considered the daddy? Or is their dad in the picture?

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At the time, my BF did not make as much $$ as he does now, and having to pay her attorney fees and the money he lost on the sale of their house, he could not afford a lawyer.
He is not considered "daddy". She does not get any money from the childrens father, that my BF knows of. He was just stepdad when they were married, and that was it.
He is hopefully going to consult an attorney within the next couple months. His ex's oldest child will be 18 in August, meaning he would not be liable to pay child support for her. The other child will be 16 this year. His biological child, (the only child he should have to pay CS on) is 9 years old.

Sounds screwey to me. The children's father should be paying CS, not a late-on-the scene stepdad who has no legal rights regarding the children.

He needs an attorney yesterday!

Thats exactly how I feel. I dont think that a stepparent should have to pay CS for children that are not his! But, somehow the judge ruled in his ex's favor. I told him he should be consulting with attorney like now, because having to pay as much money as he pays her every month is ludacris!

Have you looked at the guidelines for ca.?

I know in the 3 states I am familiar with, the largest amount of the support percentage goes to the "oldest" child.

example-my husband pays 32% of his income in child support, for 3 children, 28% of it is for the oldest child, and as each child comes of age they take over the position as "oldest child" so that my husband will never pay less than 28% when there is only one child left on the order.

My point being it 'may' not be too off base for the one child biologically his.

have you seen the support papers, and do they outline WHY the judge thought he should be responsible for children not his? (the only thought being if he took on the father role for a long enough time in the judges eyes?)

A lawyer consult will be money well spent.

His ex filed a "hardship" and somehow the judge took that into consideration regarding support. I just cannot believe a judge would make a stepparent pay CS at all. My BF was in their lives for about 8 years.
I know that I could never have gotten my ex to pay for my son, who is not biologically his. Heck, I would not want something like that either.