It’s fairly common for people who have a child from a previous relationship to get married to someone else. If that couple gets divorced, the stepparent may be shocked to discover that a petition has been filed to order child support payments. Depending on the situation, a family court judge may approve this petition even though the stepparent never adopted the children. Attorneys with the firm at https://okmulgeelawyers.com/family-law-oklmulgee-lawyers/ can represent clients on either side of this issue.
A Judge’s Discretion
Because laws do not prohibit petitioning for support and do not mandate payments from divorced stepparents, family court judges have the discretion to make their own decisions. A judge could decide that court-ordered support is reasonable if the children have been relying on the stepparent’s earnings for a relatively long time. In fact, the court might order child support after only one year of living in the same household. The family could be facing a significant hardship without that income.
In these cases, the biological father is not in the picture and is not responsible for support. He may have died or could be in prison. He may have run away and disappeared.
The Possibility of Spousal Support
Another possibility for the family’s financial help would be the judge deciding to order spousal support for a limited time instead. In the 21st Century, spousal support usually is restricted to a year or two. The time and income are intended to help the person get on track to earn a living.
Stepparent Visitation
The situation can become tricky if the stepparent wants to maintain a relationship with the youngsters, but the biological parent is against this. A family court judge may be inclined to grant this wish if witnesses verify that the stepparent and the kids have a close bond. The inclination also might be strong if the stepparent is expected to send income to the family even while no longer residing in the home.
These judges prefer to rule in the children’s best interests, and an ongoing relationship could be the best option. Court-ordered visitation might be granted so the person is legally guaranteed some regular time with the youngsters. If the biological parent tries to interfere, this violates a court order.
Future Termination of Payments
Because of the unusual situation, an order for child support might be terminated if the biological parent remarries. The provider would need to petition the court for termination. Under normal circumstances, a biological or adoptive parent would not have these financial obligations ended because the spouse remarries. However, a judge might be willing to modify the arrangement so that the payments are lowered.
Concluding Thoughts
Men and women on either side of these legal questions need experienced child support attorney temecula ca for representation. Making one’s case in family court without an attorney can be very difficult. Family lawyers know what judges need to hear to make a decision in favor of granting or denying payments from a stepparent. The same is true in the matter of visitation for a stepparent.
