A Child Support Issue

I would like to know if a stepparent can be made to pay child support for his stepchildren in Florida.

Two of my children live with their father. I am disabled, can't work. I have no income at all of my own. My husband is the only one who works and we still barely get by trying to pay my medical bills, medications and buy what our one child together needs, like clothes, etc.

If my ex took me to court could a judge order or expect my husband to pay child support for his stepchildren? He isn't their father and from what I understand he can't be made to pay because he's only their stepfather and has no legal obligation at all toward them. Could I, given my circumstance, be made to pay child support, having no income and being disabled?

I need to be prepared and know my rights in case he actually takes it that far. Thank you very much for your time and thank you in advance for an answer.

The determining factor for paying child support is NOT based on the parent's ability to pay. The court never says, "Eh, you are <fill in the blank>. You don't HAVE to pay." The government assumes if you are abled enough to make/give birth to children, you are able to PAY for them as well. The obvious implication is, if you were in such dire straights that you could not pay for the children you already have, why would you have another? Since you have yet ANOTHER child and are paying for him or her, the court is going to assume you could/did pay for the other two, or you wouldn't have HAD yet another.

If you are on social security disability, your child can get social security as well. The court cannot order your current husband to pay for the children YOU had with your past husband. However, the courts MAY see your current husbands income as "joint" income and you may be required to pay out of your joint income. The courts do not see the money in your household as "yours and his" per se, since you ARE legally married.

Marriage is a choice. Bringing children in to the world is a choice. Divorce is a choice. Remarriage is a choice. Having more children is a choice. You cannot expect a court to over look all of the choices that have been made voluntarily and allow these children to suffer as a result.


You do not mention if you see the children, or have a court order to pay child support already, or why he was given full custody. All of these factors play into the courts determination of who pays child support and how much is owed.

Bottom line:

While the court wouldn't order your new husband to pay for your past children, they could order YOU to pay (whether this comes from social security, or from your collective current household income is up to a court to decide). I believe the fact that your ex husband was, first of all, willing to take the children, and the fact that he is willing to support them and HASN'T asked for money from you speaks to his character.

.Any non-custodial birth parent can be required to pay child support, regardless of whether they're employed or not. The amount would depend on both the court and state involved as each have their own methods of calculating the monthly amounts. Some take a set dollar amount, depending on the age of the child; others may take a percentage of current gross earnings and still others may work up a percentage of projected income potential, based on the age, work/educational experience of the parent involved. Your best bet is probably to contact an attorney for your particular jurisdiction; you may even be able to get a general idea by contacting the Child Support Enforcement Division of Department of Children, Family and Social Services where the child resides. (Just ask general questions, don't volunteer your personal information, other than perhaps your current health condition.)

And no, your current husband can't be ordered to pay child support on your behalf. He isn't the birth parent and therefore, not obligated to contribute towards the child's support .. although the added debt may end up becoming a new joint financial concern for both of you. The following link may help: http://www.legalmatch.com/law-librar...n-florida.html. Good luck.

My statement that the new spouses income CAN be considered income for the biological parent is legally and factually correct. While traditionally, the courts took the position of separating the money of each partner, courts routinely rule now that the money of married partners IS "common" income. The money contributed to a household by a new spouse CAN be considered income from the parent who has biological children for which to pay support.

According to numerous sites, ANY and ALL income of a parent can considered when determining child support payments. Since the poster is disabled, HER source of income (i.e. support) is THEIR money that HE happens to work for. That money is THEIR money. While the court does not order HIM to pay since they aren't his children, they certainly CAN take into consideration the fact that he may have a lucrative job that is supporting HER and should, in turn, as their money jointly, go to support HER children.

"Each parent will be required to fully disclose their income (from all sources frequently including money earned by a new spouse or live-in-lover), the nature and extent of their property holdings such as bank accounts, investments and real property and their financial obligations."


"Thus, the earnings or earning capacity of the custodial parent which are available to provide support for the children, and perhaps that of their new spouse, will also be considered when determining child support levels."

http://www.divorcelawinfo.com/intro/child_support_issues.htm

Second District Illinois Appellate Court decision, which holds "a trial court may equitably consider the income of a parent's current spouse in determining an appropriate award of child support." In Re the Marriage of Drysch, 2000 WL 815278, (ILL.App2 Dist.).

http://www.divorcesource.com/ubbthreads/showflat.php?Cat=0&Number=270665&an=0&page=0

Another link from Florida's Dept of Revenue may also help:FL Dept Rev - Enforcement,. There are tabs within this site that help explain how support is calculated and what types of income are considered. If, for example, you're entitled to Social Security Disability, a portion can be deducted; if, again for example, you own a home, a judgement for unpaid child support may be entered against that. Incomes (both current and future) of both custodial and non custodial parents are taken into consideration, along with the needs of your child. Again, you should find some fairly straightforward policies and information on this site. There is contact information provided. If you feel the need to contact this agency directly, once again, I'd suggest you ask general policy questions, i.e. "can you pursue a step-parent's employer in the collection of child support?" (just an example.) Any agency can easily answer a departmental policy question...just be very sure you understand that is not legal advice, simply policy/procedures. It may give you a good indication if there are current laws in your state that allow the consideration of a step-parent's income in determining child support.

Obviously, (and I can't stess this strongly enough,) any response/information from any state or federal agency is not a subsitute for sound legal advice. Your best bet, in my opinion, is to contact a good family/divorce attorney in your jurisdiction for specifics in your particular situation. Each state has its own specific laws. If you can find one offering either a free or reduced prelim consultation, more power to you ..if not, at the very least, you'll be well-prepared for any future litigation.

Hope the additional information helps. Again, good luck to you.

I really felt I had to respond to this. I came here thinking I would have someone, maybe who actually was a lawyer or at least someone who could steer me in the right direction, to answer my question. *Thank you Jury very much!*

As to you, I DID NOT come here to be judged or attacked by someone who knows nothing about me or my situation. I only needed to ask a question not lay out my entire life for anyone!

You made a lot of ERRONEOUS assumptions about me and my life without knowing me at all. You ASSUMED a whole lot of untrue things. I just asked a question, I didn't feel the need to lay out my entire life for all and sundry to get a question answered.

I don't qualify for disability or any social security benefits at all, no retirement no nothing so therefore it's not an issue. Here in FL a husband's income wouldn't be counted. The LAW in Florida, I got this from a lawyer by the by, is that a stepfather doesn't and can't be made to pay for children that aren't his. They wouldn't look at his income at all because if he paid it would be going against the law by having a stepfather paying for children that aren't his!

Who said my kids are suffering?? I didn't say it nor imply it! Another ASSUMPTION, and a wrong one.

If there was already a court order to pay why would I be asking what would happen IF he took me to court??

Another ASSUMPTION on your part is that he has full custody or was given full custody. Well, he wasn't GIVEN anything. My ex and I aren't divorced, in fact, we never married!!! He is my ex boyfriend not husband, thank goodness! Their was never any custody anything, no orders, nada.

my ex BOYFRIEND wasn't WILLING to take the kids at all and he wasn't WILLING to support them because when they lived with me HE NEVER paid ME any child support whatsoever until the state went after him and made him pay. Even then, he was arrested for non payment! Yeah, willing, whatever. He's always wanting money and he makes 2 times the amount of money a week in his job as my HUSBAND does working 2 jobs! He doesn't NEED money at all!!!

His character......I don't know how you can possibly even speak to his so-called character when you don't know him. To put it as bluntly as possible I spent 5 years of my life in he**!! I was lucky to get away from him and out of that relationship with MY LIFE! I was a responsible parent and spared my children from growing up seeing their father beat their mother everyday of their lives. I spared them from thinking that kind of behavior is normal and ok. He HAD to take the children because of unforeseen circumstances in my husband's and my life. We couldn't afford a place big enough for 2 adults and 3 children. They have lived with me off and on over the years. There have been times they had to live with him and most of the time they CHOSE to live with their dad.

They are almost grown now, just in case you may make another ASSUMPTION that they're small children, they are almost 18 in nov and 16 years old right now.

My almost 18 year old CHOOSES to live with her dad. I have told her she can come here but she likes being able to do whatever she wants.

You need to stop trolling a law board when you obviously know nothing about law at all. You need to open your mind up and quit judging people that you don't even know.

Ohhh, well, in THAT case, why didn't you specifically ASK only for answers you LIKE?? I had no idea you would prefer MISINFORMATION based on half truth, since you now state you neglected to be clear about your situation. My abject apologizes. Sort of.

Open your mind and READ. One more try.

A STEP PARENT CANNOT BE MADE TO PAY CHILD SUPPORT FOR A CHILD THAT IS NOT THEIRS. That IS what I stated. HOWEVER--and DO try to follow---HIS INCOME CAN BE CONSIDERED YOUR INCOME---and YOU can be made to pay out of "YOUR" income ( which, of course, in turn IS his). REREAD until understood.


Who said my kids are suffering?? I didn't say it nor imply it! Another ASSUMPTION, and a wrong one.

I did NOT assume your children are suffering. I said courts cannot overlook choices that are made ( I did not say YOUR CHOICES) and allow CHILDREN TO SUFFER. I did NOT say "THESE POOR SUFFERING CHILDREN." I did NOT call them suffering. And, judging from the way you describe YOUR situation being so dire, there is a possibility your "NEW" child COULD suffer as a result of this situation. In all your blustering, you missed the point. The point is--the courts consider every action and reaction---and will rule the best they can so a child does not HAVE to suffer. (Contrast this to "YOUR POOR SUFFERING CHILDREN", a label that was at no time employed). REREAD UNTIL UNDERSTOOD.


If there was already a court order to pay why would I be asking what would happen IF he took me to court??

Another ASSUMPTION on your part is that he has full custody or was given full custody. Well, he wasn't GIVEN anything. My ex and I aren't divorced, in fact, we never married!!! He is my ex boyfriend not husband, thank goodness! Their was never any custody anything, no orders, nada.

SILLY ME! I gave you the benefit of the moral doubt, assuming you gave birth to your child IN wedlock. Again, my apology. You see, dear, if you are married or not to the parent of the child IS legally relevant. Another detail YOU omitted. HE does not have custody, he has POSSESSION. There IS a difference.

Another misstatement on YOUR part: "IF there was already a court order to pay,what would happen if he took you to court". He could have taken you to court in the past ( a reasonable assumption since you say the child LIVES WITH HIM--the assumption is he has the LEGAL RIGHT to custody )--your question ONLY asks about "WHAT IF" ---it doesn't state that there ISN'T already another order in place regarding, money, custody, etc.

Since you omitted relevant details, such as if you were married to the child's (nearly adult--another detail omitted) father, and stated they "FULL TIME LIVE WITH THEIR FATHER" ( this is commonly called CUSTODY--a LEGAL DESIGNATION), the assumption that this was determined in a court of law prior to your "becoming disabled". Also, you refer to yourself as "DISABLED"---again, a legal distinction based on what? According to the legal process, you AREN'T disabled--not says me--says the government. If the government recognizes you as disabled, you WOULD get social security.

NOW your posting says your children CHOOSE to live with their father. Regardless of what YOU think about his character---his character YOU chose voluntarily to LIVE WITH ( were you a hostage, dear?) and you CHOSE to make babies with him---THEY PREFER HIM, per your own admission. Oh yes, the "I can't afford the ones I have, but I married and made MORE" defense. Beautiful. Simply beautiful.

Before you play your violin any more about how hard your life is---and how life gave you unforeseen circumstances over which you have no control, you hardly have the corner on hardship. My husband of 20 years burned to death in a work truck when it was struck head on by a bus driver a few weeks ago. By the time they got the fire out and got him FROM the truck, he was STILL alive, saying "I can't die--I have children I can't die!" . Incomprehensible pain, torture and suffering, burning in a vehicle, KNOWING you are dying---unable to help yourself, fully aware none of the onlookers can help because of the intense heat and flames. He left behind seven school aged children---both his, both mine, all born in wedlock. Disabled? You are ALIVE. Your husband is alive. Your --whatever you call him---is ALIVE. Your CHILDREN are alive.

LEARN to distinguish between what you CAN and CANNOT help in life. Identifying the difference will disperse any "VICTIM" mentality.
WE did not contribute to our current life situation. What happened to my husband was an act of God---God's plan for his life. Contrast that to your admitting you chose an abuser, had children with him, out of wedlock. THESES are CHOICES. SO, when something outside of your control, such as becoming disabled happens, you group all of it together, and say, "We hardly get by, life is so hard, yada yada." Which it well may be. However, your unwillingness to be able to distinguish between those thing you CAUSED , in part, to happen, and those acts that were beyond your control will help you in avoiding "tragedy" in the future.

Interesting--your entire posting completely avoided the fact that I provided you with CASE LAW showing where the courts have RULED that while your current husband should not be ordered to pay child support for children that aren't his, the court CAN consider HIS income as YOUR income since you are, in fact married. Interestingly enough---you completely overlooked that proverbial 'bottom line answer' to your question which was based on what the LAW says. You should have clearly stated all you wanted to hear were "opinions" that sugar coated the mess you helped create and blindly reassure you what you fear could never happen.

My apology for not doing the same.

If you are actually interested in how the courts have ruled regarding your situation in the past, feel free to avail yourself of the case law I quoted and even provided a link for you to read for yourself. Just because you don't LIKE me ( as if it matters in the least) doesn't mean I am not legally factual. Of course, feel free to continue to pick and choose that which you only want to hear.

Of course NOW you state : I don't qualify for disability or any social security benefits at all, no retirement no nothing so therefore it's not an issue. Here in FL a husband's income wouldn't be counted. The LAW in Florida, I got this from a lawyer by the by, is that a stepfather doesn't and can't be made to pay for children that aren't his. They wouldn't look at his income at all because if he paid it would be going against the law by having a stepfather paying for children that aren't his!

The twenty thousand dollar question: If you presumably KNEW this--why did you ask here? Hmmmm.....The truth is--read it for yourself in the links below--the courts HAVE and DO rule that his income can be considered. NOT says me, says the law. Perhaps you should show that to your sudden newly found "attorney".

My children have never chosen ANYONE over me. Enough said.