Child Maintenance for Stepchildren

Hi,

I learned today that my STBX is will be claiming for maintenance from me, in respect of her children from her first marriage.

We were married for 6 years, Nisi through earlier this month, and her ex-husband paid good maintenance for the children throughout this period. He stopped paying at Christmas.

I understand, although I was surprised to hear, that Courts can award maintenance in respect of stepchildren.

My question is: will the court first want to see evidence that the bio father is refusing to pay, or is unable to pay? ie, will they want to see evidence of a CSA claim against him?

It seems that it would be all too easy for a vindictive ex to claim against the stepfather, in order to punish him.

Thanks in advance for advice.

This certainly doesn''t sound right to me - I''m sure other wikis will comment and put you right - just doesn''t seem fair?? x

If the father is paying CM, then I can''t see why a Court would order you to pay CM also.

It is possible for a step-parent to be ordered to pay CM where the biological parent is either not involved and when the step-parent has been involved (and financially supported) the children for a long period of time - I can''t see that 6 years would be "long enough" for the courts to consider you responsible for CM, esp as the father is contributing.

Have you been informed by her solicitor?

Hi,

Thanks so much for your reply.

To clarify a little; while the father has been paying maintenance continuously since his divorce, my STBX has banked all of this in a personal bank account in her name, and not used it for expenditure on the children.

So, although he has been supporting them, still speaks to them most days, and sees them fairly regularly, I seem to have been supporting them during the marriage, and for cohaitation prior to this.

He stopped paying maintenance when he realised that none of it had been going towards supporting his children.

Does this change the position at all?

Thanks in advance.

I wouldn''t think so. Think you would only be expected to support step children if there was no other way.

In your situation your stbx would have to chase the children''s father not you.

Don''t forget if she has ''saved'' all the cm money in past that is a martial asset and will be included in the pot so you could claim it!

What are the ages of the children? If they older couldn''t he give them the money direct - obviously not if they are younger! I''m no expert but I would have thought its up to your STBX to go to the CSA to make a claim from the bio father? I know you''ve been supporting them but he''s been paying whatever she did with the money (albeit what she did was wrong - in my eyes) - its up to her to make her own arrangements - and don''t forget her savings will count towards your marital pot so she''s dropped a clanged there!! x

Thanks Chocoholic. Stepchildren are 17 and 15, so I guess direct payment is an option. However, he may feel that he is off the hook now that I am in the firing line, so may be inclined to pay nothing at all. He is not working at the moment, so there is even less incentive to pay.

Yes, my feeling is that she would have to take him to the CSA first, and then me to Court afterwards, in the event that he was unwilling or unable to pay. Anything else would seem unjust, but the way that the Courts operate never seems to amaze me, hence any advice would be appreciated.

Thanks again.