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?

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.

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

On 18 Dec 2006 03:07:56 -0800, wrote:

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?

Remarrying will stop the alimony but has no effect on the child
support.

If the new husband wants to adopt the child and the father agrees,
then the child support will stop.

Fathers seldom get custody, but if there is some way to show the
mother is unfit, then there is a chance.

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.

"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?

"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."

"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?

"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.

"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.