Can a woman request child support for children that are not his?

Res Gestae

A lot of people here don't know the law and are making snap answers based on gut instinct, but I can tell you without a doubt that there is precedent in many jurisdictions in which non-biological fathers, in situations similar to the one you described, ARE MADE TO PAY CHILD SUPPORT. I don't personally agree with the position, but I can tell you that it is a valid argument in the law in many States.

This is not legal advice and I am not an attorney in your state. If you have any questions whatsoever about this situation, you should consult an attorney for advice.

RetroGirl

If he is not the biological father, and never adopted the children, then he is not legally bound to support them, no matter how long he has voluntarily been doing so. The court would not order him to support children that are not legally his.

Penguin

Oh, my goodness!

DaveNCUSA

If he is not their father, biologically or through adoption, she cannot collect support from him. She needs to go after their biological father(s).

julieisbest

As far as I am aware she cannot take him to court. I'm sure once she speaks to a lawyer (she will have to at some point in order to take him to court) they will let her know one way or the other.

J K

The woman is off her rocker.

Unless he legally adopted her kids, he is not now, nor will he ever be financially responsible for them.

She's have better luck going after the bio father although with her track record, I'd say she needs a good dose of reality.

just me

I have heard that there are states where a child born into wedlock is the husband's responsibility whether he fathered that child or not so the youngest one might be eligible. I really have no idea about the older one, I would say no. I would also say if he gets a really good lawyer he wouldn't pay anything.

I know when our youngest was born I read the certificate I had to fill out really well and it did say please list your husband (if married) as the father. My SIL's best friend had just had a baby by an ex boyfriend and was already pregnant when she got married. I asked SIL about it and she said that, yes, the current husband had to deny parental lineage or something to keep his name of the birth certificate. I thought the whole thing was ridiculous, it is just the states way of trying to make sure everyone has a "father" (in other words someone else to foot the bill besides welfare LOL)

smith.lucy23

nope!!

rec

are you kidding me? no, of course not.

I really cannot believe how some people think they are always owed something... she should get child support from their real father/s - the correct way - through family court - not divorce court - poor guy!

Teh_Shot

he's classed as there male role model/step father and would not be responsible for child support the court would just laugh at her case so to speak

its his choice to support the kids if his name is not on the birth certificate then she has nothing to stand on they will tell her to file for CS from the biological farther

this happened to me and i never had to pay anything

xyndeegee

well it doesn't matter if the man supported them all their life. the children aren't his no matter what. He's not their biological father and he didn't adopt them. its basically the same as just giving away money/food/shelter to who ever unless they you are legally responsible you do not have to do anything. So yeah the man doesn't have to pay childsupport because they aren't his children legally.
hope this helped!

wannabfree8408

i seriously doubt that they'll force him to pay for chldren that are not his

Jaebird

All I know is when you file for child surport they demand a paternity test, so I doubt they would award it, but I have never had this experience so I really dont know...
good luck to her...

Some courts actually will allow this, but why would your friend want to do this to someone who stepped in and help her so much already? By doing this she could potentially alienate them from their "father". Thats effed up!

The Nikki

Nope, the best thing to do is for her to establish the paternity of her children and seek child support from the biological father (the only man that has any legal rights over the children).

Doesnt Matter

no hes not the father and he didnt adopt them so she cannot receive child support she should find the real father and take it from there

hrmouisch

I don't think he's financially responsibile for those children unless he adopted them. Sounds like she needs to go after bio-dad if she's looking for some extra income.

Tommy's_Sweet_Girl

As long as his name is not on the birth certificate, and the DNA test don't match, he's fine, they can't make him pay for the children if they are not his. They will tell the mother to find the father and get child support from him, which she should of done many years ago.

Anne

If he married her before she gave birth to the second child, he may be considered the second child's legal father of record... but a decent lawyer and a DNA test should sort that out. Otherwise no, she can't get child support from him.

I think I know everything

Since he has not adopted them and not the biological father it probably will not fly in court. Just because he has been around them for the past five years, they are legally not his problem.

iiidontknowdoyou

She's dreaming, she needs to track down the kids REAL dad's and go after them! Sounds like he's lucky to be rid of her! Tell the bit ch to support her own damn kids!

it will depend on if she was dependent on his incom as sole suport or she worked to but in most cases she can not

bendover

She could get Spousal support, but not child support because he is not the kids' biological father. Why doesn't she take their biological father to court if she wants child support?

David S

Your friend is wrong. Unless the biological father's parental rights were terminated so that this man could adopt her children, he is not obligated to support them after the divorce.

marriedandamom

what a psycho. she will be laughed out of court. stupid girl

anthony198923

no she can't. The biological father is responsiable.
I can tell you havent stoped by a law office. They would laugh.

Also its immoral for her to collece child support from him. They were her kids that he had no say in. He was nice enough to be a father figure to them and then she wants to take money from him because she is upset from the divorce.

What a witch with a capital B
.

Tamrah

haha your friend is crazy! no way if the children are not his then he doesn't have to do anything besides cut his ties with the mom. he was just being a good dad for them because they didn't ave one but its not his responsibilty to take care of them. she needs to find their real dad and get child support that way.

jjttkbford

interesting - did he legally adopt them? - - - that would mean yes

otherwise - probably not

however case law - rules - - - probably depends on what state they live in. State laws would vary - and probably quite significantly.

not sure what the cases are in whatever state this is in.

very interesting situation

imaqtpatootee

It is different state to state, sometimes if the man wants visitation and rights to the children that are not his, and wants to have a say in their education, religion , ect.. the court will order child support, but, not usually he would not have to pay child support. Why isn't the biological father ordered to pay. If he is already then that is pretty selfish of your friend to try to get money from both dads.

shygirl93

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