Florida, Step Parent Child Support Under Estoppel Forms

[MomFightsBack]

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

Can anyone tell me where I can find forms, or samples of forms, or a resource to draft my own forms, to file for child support under the Estoppel Doctrine in the state of Florida?

Any help would be most appreciated, just please don't advise me to hire an attorney... if the man had not been financially strangling me for almost 2 years, I wouldn't need to, nor would I file for child support from him. There is absolutely no money to hire an attorney and no way to come up with it...he has destroyed my life in more ways than you can imagine or that I would want to recall... I know I meet the criteria to file under Estoppel, I just need some help finding the forms or how to draft them myself. Thank you so much.

 

[Just Blue]

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

Can anyone tell me where I can find forms, or samples of forms, or a resource to draft my own forms, to file for child support under the Estoppel Doctrine in the state of Florida?

Any help would be most appreciated, just please don't advise me to hire an attorney... if the man had not been financially strangling me for almost 2 years, I wouldn't need to, nor would I file for child support from him. There is absolutely no money to hire an attorney and no way to come up with it...he has destroyed my life in more ways than you can imagine or that I would want to recall... I know I meet the criteria to file under Estoppel, I just need some help finding the forms or how to draft them myself. Thank you so much.

Unless your ex adopted your child/ren he has no legal or moral obligation to pay support.

 

[LdiJ]

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

Can anyone tell me where I can find forms, or samples of forms, or a resource to draft my own forms, to file for child support under the Estoppel Doctrine in the state of Florida?

Any help would be most appreciated, just please don't advise me to hire an attorney... if the man had not been financially strangling me for almost 2 years, I wouldn't need to, nor would I file for child support from him. There is absolutely no money to hire an attorney and no way to come up with it...he has destroyed my life in more ways than you can imagine or that I would want to recall... I know I meet the criteria to file under Estoppel, I just need some help finding the forms or how to draft them myself. Thank you so much.

If you have no money to hire an attorney then I do not think that its something that you should even try to do. Its not common. In fact its pretty rare. I had to do quite a bit of googling before I found anything that referenced estoppel doctrine in reference to a non-biological father, and that was in the perspective of a legal father being estopped from dis-establishing paternity and therefore avoiding child support.

 

[Ohiogal]

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

Can anyone tell me where I can find forms, or samples of forms, or a resource to draft my own forms, to file for child support under the Estoppel Doctrine in the state of Florida?

Any help would be most appreciated, just please don't advise me to hire an attorney... if the man had not been financially strangling me for almost 2 years, I wouldn't need to, nor would I file for child support from him. There is absolutely no money to hire an attorney and no way to come up with it...he has destroyed my life in more ways than you can imagine or that I would want to recall... I know I meet the criteria to file under Estoppel, I just need some help finding the forms or how to draft them myself. Thank you so much.

File child support against the actual father of the children. Not the man you are trying to screw over. You won't get child support from the STEP PARENT. And I don't think you know what Estoppel means:

A bar or impediment raised by the law, which precludes a man from alleging or from denying a certain fact or state of facts, in consequence of his previous allegation or denial or conduct or admission, or in consequence of a final adjudication of the matter in a court of law. Demarest v. Hopper, 22 N. J. Law, 019; ****** v. Railroad Co., 83 Me. 100, 21 Atl. 740; Yeeder v. Mudgett, 95 N. Y. 295; South v. Deaton, 113Ky. 312, 08 S. W. 137; Wilkins v. Suttles, 114 N. C. 550, 19 S. E 000.A preclusion, in law, which prevents a man from alleging or denying a fact, in consequence of his own previous act, allegation, or denial of a contrary tenor. Steph. l’l.239.An admission of so conclusive a nature that the party whom it affects is not permitted to aver against it or offer evidence to controvert it. 2 Smith, Lead. Cas. 778.Estoppel is that which concludes and “shuts a man’s mouth from speaking the truth.” When a fact has been agreed on. or decided in a court of record, neither of the parties shall be allowed to call it in question, and have it tried over again at any time thereafter, so long as the judgment or decree stands unreversed; and when parties, by deed or solemn, act in pais, agree on a state of facts, and act on it,neither shall ever afterwards be allowed to gain say a fact so agreed on. or be heard to dispute it; in other words, his mouth is shut, and he shall not say that is not true which he had before in a solemn manner asserted to be true. Armfield v. Moore, 44 N. C. 157.

Law Dictionary: What is ESTOPPEL? definition of ESTOPPEL (Black's Law Dictionary)

 

[Eekamouse]

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

Can anyone tell me where I can find forms, or samples of forms, or a resource to draft my own forms, to file for child support under the Estoppel Doctrine in the state of Florida?

Any help would be most appreciated, just please don't advise me to hire an attorney... if the man had not been financially strangling me for almost 2 years, I wouldn't need to, nor would I file for child support from him. There is absolutely no money to hire an attorney and no way to come up with it...he has destroyed my life in more ways than you can imagine or that I would want to recall... I know I meet the criteria to file under Estoppel, I just need some help finding the forms or how to draft them myself. Thank you so much.

What makes you think you're entitled to child support from a man who did not father your child?

 

[MomFightsBack]

Unless your ex adopted your child/ren he has no legal or moral obligation to pay support.

That is not correct. Yes, a step parent can in fact be ordered to pay child support if said step-parent meets certain criteria...

1.) He or she must have held the children out as their own (he did and does)
2.) The children must be dependent on his support (they are)
3.) He has to have interfered with their relationship with their bio father (He did.)

 

[Zigner]

That is not correct. Yes, a step parent can in fact be ordered to pay child support if said step-parent meets certain criteria...

1.) He or she must have held the children out as their own (he did and does)
2.) The children must be dependent on his support (they are)
3.) He has to have interfered with their relationship with their bio father (He did.)

Would you care to cite your source for this information? (It's plagiarism otherwise...)

 

[MomFightsBack]

If you have no money to hire an attorney then I do not think that its something that you should even try to do. Its not common. In fact its pretty rare. I had to do quite a bit of googling before I found anything that referenced estoppel doctrine in reference to a non-biological father, and that was in the perspective of a legal father being estopped from dis-establishing paternity and therefore avoiding child support.

Here's more information for you...

https://family-law.freeadvice.com/family-law/child_support/stepparent-support.htm

"Step-parent child support is usually not an obligation for step-parents unless the step-parent adopts the child or has signed a Marital Settlement Agreement agreeing to pay child support to the other parent for the step-child. This is true even in states that have statutes requiring step-parent support during the marriage.

There is an exception, however. Depending upon the jurisdiction that the step-parent is in, the custodial parent may be successful in seeking child support from the step-parent under the Estoppel Doctrine. The Estoppel Doctrine prevents a step-parent from taking a different position with regard to the child or reneging on a promise if the child would be financially harmed by the change. Three conditions must be met in order for the doctrine to apply. The first condition is Representation, which is illustrated when the step-parent assumes the role of the child's parent and provides financial support for the child. The second condition is Detriment, which is demonstrated by a step-parent who hinders the child's relationship with the biological parent and severs the child’s ability to get financial support from that parent. The third condition is Reliance, whereby the child relies upon the financial support of the step-parent. If a divorce occurs and all three conditions exist, the court may rule that the step-parent is responsible for step-parent child support."

 

[MomFightsBack]

Would you care to cite your source for this information? (It's plagiarism otherwise...)

No, that's not what 'plagarism' is... I didn't 'steal and use someone else's exact words.' It's 'paraphrasing,' and I did just cite it in a different post and I'm responding to the rest.

 

[Zigner]

Here's more information for you...

https://family-law.freeadvice.com/family-law/child_support/stepparent-support.htm

"Step-parent child support is usually not an obligation for step-parents unless the step-parent adopts the child or has signed a Marital Settlement Agreement agreeing to pay child support to the other parent for the step-child. This is true even in states that have statutes requiring step-parent support during the marriage.

There is an exception, however. Depending upon the jurisdiction that the step-parent is in, the custodial parent may be successful in seeking child support from the step-parent under the Estoppel Doctrine. The Estoppel Doctrine prevents a step-parent from taking a different position with regard to the child or reneging on a promise if the child would be financially harmed by the change. Three conditions must be met in order for the doctrine to apply. The first condition is Representation, which is illustrated when the step-parent assumes the role of the child's parent and provides financial support for the child. The second condition is Detriment, which is demonstrated by a step-parent who hinders the child's relationship with the biological parent and severs the child’s ability to get financial support from that parent. The third condition is Reliance, whereby the child relies upon the financial support of the step-parent. If a divorce occurs and all three conditions exist, the court may rule that the step-parent is responsible for step-parent child support."

Are you SERIOUSLY taking that as some sort of guarantee? That is couched in so many terms that there is no way it's going to happen, ESPECIALLY if you don't have an attorney.

 

[Zigner]

No, that's not what 'plagarism' is... I didn't 'steal and use someone else's exact words.' It's 'paraphrasing,' and I did just cite it in a different post and I'm responding to the rest.

Using the material without attribution (even if paraphrased) is plagiarism. You've got a real attitude problem with the volunteers here. Take yourself to an attorney, you've pretty much burned the bridges here.

 

[Zigner]

I'd also like to point out that there are several FLORIDA divorce attorney websites that state very clearly that a stepparent isn't required to pay child support unless they adopt the child. Keep searching the web and you will find them (I won't post links to commercial sites.)

 

[Ohiogal]

That is not correct. Yes, a step parent can in fact be ordered to pay child support if said step-parent meets certain criteria...

1.) He or she must have held the children out as their own (he did and does)
2.) The children must be dependent on his support (they are)
3.) He has to have interfered with their relationship with their bio father (He did.)

YOU allowed him to have interfered with the relationship. You are a pathetic individual. Take responsibility for your own actions in alienating the children from their father.

 

[MomFightsBack]

File child support against the actual father of the children. Not the man you are trying to screw over. You won't get child support from the STEP PARENT. And I don't think you know what Estoppel means:

Assuming makes an ass out you... I'm not trying to 'screw him over.'

He has always held them out as 'his kids.' He 'demands' to be 'treated as if he 'has' parental rights, but he refuses the 'responsibility' that those rights come with.

I will do what I have to do to teach my children what it means to be accountable.

 

[Ohiogal]

No, that's not what 'plagarism' is... I didn't 'steal and use someone else's exact words.' It's 'paraphrasing,' and I did just cite it in a different post and I'm responding to the rest.

Yeah you did. OH and by the way that doesn't apply to Florida law. Unless Florida allows it. Which they don't.