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coffeeman690
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Some questions about CS
      #168829 - 01/07/08 08:19 PM (72.12.169.252)
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Did a search for CS forums and this was the first to pop up, so here I am.
I feel like I'm about to open up to a lot of people here but I need some answers and not sure what to do SORRY!!!

My wife and I seperated 1 yr ago and I pay CS, But Im not the biological father. My problem is that my ex wife never wanted a dime from this guy ever during the years when she was a single mom. I have been in the picture for 9 yrs of the childs life and I have no problem paying the CS, but feel like there is someelse that should be helping out with this.
Not that this will help my reason, but my wife and I seperated was because the daughter starting meeting her real father and since then our family basically fel apart from then on.
I understand as a STEP Parent I should pay, but why only myself, I live in Canada and the laws here are not to clear on what are my RIGHTS as a non-biolgical father who pays and Can't understand why I'm the ONLY ONE?????

Sorry for blowing off , but I'm a bit upset and very CONFUSED.
Is there anyone in this same situition

Thanks


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chatter box
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Re: Some questions about CS [Re: coffeeman690]
      #168831 - 01/07/08 08:26 PM (76.185.59.234)
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From everything I have read and talked to social workers about at least in TX you do not have to pay anything and you have no rights towards the child.

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Samsung
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Re: Some questions about CS [Re: coffeeman690]
      #168850 - 01/07/08 08:58 PM (71.214.147.197)
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I don't know about Canada, but in the US, unless you adopted the child, you would not be required to pay CS, nor would you have an parenting rights.

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stoltz
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Re: Some questions about CS [Re: coffeeman690]
      #168991 - 01/08/08 01:16 PM (32.97.110.142)
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Careful, though, as the courts may assume that since you were in the child's life as a father-figure for 9 years, that you are now considered their father (for the sake of CS, anyway). However, this seems a rather bizarre case since the child has formed a relationship to her biological father. You may need to go before a judge to work it all out.

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theanswerguy
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Re: Some questions about CS [Re: coffeeman690]
      #168996 - 01/08/08 01:34 PM (205.188.117.143)
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In Canada a step-parent , as long as they've financially supported a child for at least one year , can be required to pay CS even though a biological parent is already paying .

--------------------
Never let your sense of morals get in the way of doing what's right. Isaac Asimov


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gigi
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Re: Some questions about CS [Re: coffeeman690]
      #168998 - 01/08/08 01:38 PM (68.110.69.37)
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I've never heard fo a judge ordering support from a step-parent who was known since day one to not be the parent fo the child, and who never adopted teh child. Are you under orders to pay or are you just doing this voluntarily? If it's voluntary, I'd suggest you stop, because you're not doing yourself any favors by setting this precedent.

Generally, the step-parents have no rights to see the stepchildren after a divorce, in the U.S.

That does not mean there is no moral obligation, no feeling of need to provide, no parental feelings... it simply means that where there are no biological ties, the court will not force the biological parent to allow the child to see the non-bio parent, and will not require the non-bio parent to pay for the child... in the U.S., it's even been termed a form of fraud for a mother to try to claim that a man is the bio father in order to force him to pay for support, when she knowsn darned well that he is NOT the father. AND, in nearly every case where a woman asks for support, the man is allowed to enter in and demand a DNA test to make certain the kid really is his before paying... there are some infamous exceptions, rare situations where the men did NOT bother to contest the parentage of the child at the apropriate time, and therefore ended up being ordered to pay, and at some time LATER, they found out that they weren't really the biological father & weren't able to get the courts to change the decision ordering them to pay... it seems most of the reasoning in those rare situations is one of two things... first, that SOMEONE needs to pay for the kid and if he'd been doing it so far without complaint he had no right to complain now, because his chance to challenge parentage was well past... and second, that he set a precedent, has a moral obligation and never challenged it, so there is a pattern of him paying and to stop payments at this point would be morally offensive...

It's this second reason that I worry about with you... that by paying without challenging it, you are setting a precedent and teh Canadian courts might just insist that you CONTINUE to pay, even while not requiring the child's mother to have the child maintain any kind of personal relationship with you... at which point you become a virtual stranger paying for someone else's mistake...

To prevent this, you need to follow the legal opportunities that you have to get the paperwork straight, challenge this, etc...

You said you are separated. Have you filed for divorce? Is there a formal separation agreement? Is your support designated as child support or alimony? How long was the marriage and would alimony be appropriate? What kind of work does your ex do? What kind of work do you do? (And how muchh do each of you earn) Are there ANY formal court orders or is all this being done voluntarily because you thought it was the right thing to do and never questioned whetheer or not you or the biological fatehr was the one who really shoudl be paying that obligation? And if you do have a court order requiring you to pay, WHY IN THE WORLD did you not challenge it at the time they gave the order?

Truly, this sounds like one of those situations where people split and don't finish or pay attention to the paperwork fo the split, not filing papers, not filing responses, not challenging the things they need to challenge in their response so that the ISSUE of whether or not she's your biological child si not even considered in the court...

Your current situation is one of those which points as a lesson to the rest of us... to PAY ATTENTION to the legal paperwork of our lives... FINALIZE things, and take the steps needed to get from point A (married & together) to point B (divorced, certain & final, with all property and obligatiosn properly and fairly resolved)... becasue if you don't pay attention, you might end up paying somethign more than it would seem fair to pay.


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coffeeman690
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Re: Some questions about CS [Re: coffeeman690]
      #169035 - 01/08/08 03:06 PM (72.12.169.252)
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as of jan 1 2008 I have stopped paying. I know my ex will talking to her lawyer and I'm also informed the Bio dad that he will be taken into this since he hasn't payed and also has told me he has no $$$$$ what's new to hear
If feel like the judge will understand my side and I hope that he/she will give the Bio dad a good lesson. Is there also something about back pay as he never has given any $$$. I hope this is something My ex can recive since she deserves something from him and not only me too pay

Thanks for everyones replies, like I said before It just doesn't seem fair to me!!!

Dave


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Sarah1014
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Re: Some questions about CS [Re: coffeeman690]
      #169348 - 01/09/08 05:39 PM (67.167.120.6)
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What's really going to screw you up is this:

Down the road you meet a wonderful woman. How are you going to explain that you are paying child support for a child that isn't even yours? How's she going to feel about your X? There's going to be bad blood there. All I'm saying is that your feelings are going to change in the future.

I think you are going to regret this. Please challenge it.

You could be sending the child to college as well. You could be going in on a wedding. Think twice please.


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3roses
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Re: Some questions about CS [Re: coffeeman690]
      #169483 - 01/09/08 10:04 PM (67.34.128.253)
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The biological father should be supporting his child -- no doubt about that! I don't know the Canadian laws concerning CS, but I do know that your step child did not ask to be put into this situation. How sad is it that our kids have to suffer for the bad choices we make?? I wonder if the biological dad has a clue?? I hope you are able to work out something that is financially equitable.

We all worry about our legal rights -- We should worry as much about the children.

Good luck to you.

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3roses
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"In this world, a good time to laugh is any time you can"


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