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Can a remarrying mother claim child support from divorced husband
Court rejects father's custody claim.
Having received child support from father for 6 years the mother decides to remarry. Does father have to continue giving child support to the mother? Can father go to court to get custody of the child? |
#2
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Can a remarrying mother claim child support from divorced husband
Having received child support from father for 6 years the mother decides to remarry. Does father have to continue giving child support to the mother? Did the new husband marry the child? No, he didn't and yes, you must continue to support your children. |
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Can a remarrying mother claim child support from divorced husband
On 18 Dec 2006 04:14:26 -0800, "Relayer" wrote:
Having received child support from father for 6 years the mother decides to remarry. Does father have to continue giving child support to the mother? Did the new husband marry the child? No, he didn't and yes, you must continue to support your children. Actually, that depends! In courts here in Canada, if you even LIVE WITH a woman who has had a child by another man, the courts will rule that the man has "formed a bond" with the child, and will use this to take money from the poor sap and give it to the woman in the form of child support! Happened to a guy living in my building. And to add insult to injury, since he was NOT the biological father, the court refused to recognize his right to both custody AND "access" to the child! All he had the right to do was pay for the child - he has no other rights - even though the child was not his. And worse for him, the child was only about 2 when all this happened, so the poor ******* is on the hook for child support for the next 16 to 23 years! (Message: NEVER get involved with a single mother with a young child unless you are willing to have your wallet raped by the courts! Let them get by on welfare!) Soooooo....... Would you get custody????? Likely not since you have already failed. HOWEVER!!!!!!!!!! One can always apply for variation or termination of an existing court order for child support provided that the circumstances of the parties has substantially changed! For example, if she won the lottery to the tune of $5,000,000 you could argue that she no longer NEEDS child support! SOOOOO.... You go to court to terminate "or in the alternitive reduce" the child support obligation on the grounds that the mothers circumstances have now changed! You see, now that she is married, her new husbands income MUST be taken into account with respect to "her need" for child support. Once the new husband's income is taken into account, then your obligation will at the very least be reduced - and possibly eliminated. By marring your ex knowing that she has children, the new husband has "by necessity implication" implicitly agreed to support the child (or children). The new husband would have a hard time arguing that he did not expect to support the children since, in the event that anything happened to you and you could no longer pay (unemployment / death), then he would be forced to support the children - so he SHOULD have known that this was a possibility and have been prepared to do so! As such, it can be reasonably assumed that he should shoulder at least a portion of - or all of - the child support! This change in circumstances for your ex is significant enough to return to court to a variation of the existing order, and you stand a good chance of success with it. Having said that.... Where the hell was your lawyer at the divorce???? A VERY common clause in divorce actions is for spousal support to terminate if the ex remarries - and I would have tried to get the same clause put in for the child support! Had a termination clause been put in at the date of the order, then you could simply stop paying! I know, hindsight is 20/20. Get a GOOD lawyer, and go for it. hth |
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Can a remarrying mother claim child support from divorced husband
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Can a remarrying mother claim child support from divorced husband
NewMan wrote: On 18 Dec 2006 04:14:26 -0800, "Relayer" wrote: In courts here in Canada, if you even LIVE WITH a woman who has had a has no effect in the US. He must pay. Period. |
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Can a remarrying mother claim child support from divorced husband
"DK" wrote in If the new husband wants to adopt the child and the father agrees, then the child support will stop. If the new Husband was willing to marry the mother, does that mean for better or worse? Considering that the spirit of CS law is to ensure a child has the basics, does this not end when daddy#2 makes those sacred vows to the mother? (And do you take this woman and her CS income to be your lawfully wedded wife?) Fathers seldom get custody, but if there is some way to show the mother is unfit, then there is a chance. Who is to say he challenged for custody when they separated, he can file for custody any time. Especially now that another man he does not know anything about will be around his child! Who are the next frequent abusers in line after the mother? |
#7
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Can a remarrying mother claim child support from divorced husband
"DB" wrote "DK" wrote in If the new husband wants to adopt the child and the father agrees, then the child support will stop. If the new Husband was willing to marry the mother, does that mean for better or worse? Considering that the spirit of CS law is to ensure a child has the basics, == Well, no--The "spirit of CS is to" present the child with the same standard of living he/she would enjoy if the family were intact. CS has nothing to do with "basics." |
#8
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Can a remarrying mother claim child support from divorced husband
"NewMan" wrote in One can always apply for variation or termination of an existing court order for child support provided that the circumstances of the parties has substantially changed! For example, if she won the lottery to the tune of $5,000,000 you could argue that she no longer NEEDS child support! He could at least apply for a downward motion seeing as she has more available money in her household which Ghost would even admit that this benefits the child. Hopefully the new husband will not resent the child, but he new what was involved when he proposed to her, right? |
#9
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Can a remarrying mother claim child support from divorced husband
"Gini" wrote in Well, no--The "spirit of CS is to" present the child with the same standard of living he/she would enjoy if the family were intact. CS has nothing to do with "basics." Ah yes, I forgot the constitution guarantees some of us a good standard of living in accordance with a spouce's income. |
#10
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Can a remarrying mother claim child support from divorced husband
"DB" wrote "Gini" wrote in Well, no--The "spirit of CS is to" present the child with the same standard of living he/she would enjoy if the family were intact. CS has nothing to do with "basics." Ah yes, I forgot the constitution guarantees some of us a good standard of living in accordance with a spouce's income. == Which is only for children of divorce/separation. Children in intact families have no such guarantee. Blatent violation of equal protection but what the hey, the gov gets a cut and as long as it can effectively demonize NCPs, it'll work. |
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