Step Parent Held Responsible For Child Support
Christensen v. Chrsitensen
In the 1991 case of JWP v. WW 255 NJS 1 (App Div 1991) the Court used the doctrine of estoppel to impose a child support obligation upon a step parent.
Last week the Appellate Division reaffirmed that concept in Christensen v. Chrsitensen in holding that a step father who acquiesced in the mother’s efforts to keep the child from seeing the biological father and from seeking child support from the biological father was responsible for child support.
In an interesting side note, the Court stated that it was not ruling on the obligation of the biological father, and may well find, under appropriate circumstances, that both a biological and a step parent have concurrent child support obligations.
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10 Replies to “Step Parent Held Responsible For Child Support”
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I am going to marry a man with other children. If he can not pay his child support can I be forced to pay it?
Yes. Remember spouses share bank accounts and if you husband owes back child support it will come out of your joint account. It happened to us a couple of years ago. My husband wasn’t working for 2 years and he owed $5,000 in back child support. The state of New Jersey located our bank info and wiped out our account. I was very upset. From then on I opened up my own separate bank account. Learn you rights and have a plan.
why were you upset, when you chose to marry a man with kids, support became your responsibility to. Did you feel that his kids don’t deserve support because that is how you sound when you complain about your assets being taken. anothe typical stepparent complaining about a previous relationship. doesn’t diappear just because you are now in the picture.
Child support is an obligation of the biological parent only. Stepparents should not be force to pay for another individual responsibility. I’m a stepmother and I do assist my husband with finanically providing for his kids but I will not be force to. Afterall, We have no legal ground to make independent decision regarding what’s in the best interest of the child. NO one cares about what we think and most likely would be offended by our imput. So dont be consume with our finanical assets. Remember stepparents should give love, respect, and be void of obligation.
Stepparents should give love and respect, I agree. To say that they shoule be void of obligation is ridiculous. Think of the stepparent on the other side for a change, rather than just yourself. My husband has been FORCED to take on the financial obligation of my son, his stepson’s education costs, medical insurance, the whole lot, all because his biological father can’t be bothered to make child support payments. State probation has yet to garnish his wages this year, because he changed jobs, and didn’t inform them, for the third time. I am sure my son’s biological father would feel offended by my husband’s imput, you are right, but why do you think that it? You think that maybe it’s because someone in his position might feel guilt pangs? Keep in mind there are TWO sides to every coin. You marry someone with debt, that debt becomes yours, too. You would share credit card debt, but debt that is holding money from your spouse’s CHILD shouldn’t be shared debt? GET REAL.
my husbands ex-wife & social services is trying to take me to court to pay child support for my step daughter.my husband pays child support faithfully.its not far.she has scammed the system for so long & i dont have thousands to get an attorney .some please give me some advice before its to late
I have an estranged husband that owes back child support, and I don’t believe I should have to pay back child support just because he’s a dead beat dad.
Bobbie Jo –
Unfortunately we are not ethically permitted to give advice to persons who have not retained us as their attorneys or in response to inuqiries such as this.
You should consult directly with an attorney in your area.
Bob Durst
My husband has a son who is 17 he owes back child support every year they keep our taxes that we file jointly. Should we file separately so I can get my refund this year – little hurting on the cash front at the moment. Any one have any info on this? This is Massachusetts Child Support not sure if the laws are the same.
Thank you for your inquiry. If you file a joint return and your current Husband has child support issues then your refund will be at risk. For the best advice on how to file I would urge you to consult with an accountant.
Best of luck-
Sandy Durst