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child maintenance

  • lachico
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19 Apr 09 #109033 by lachico
Topic started by lachico
Dear all, my xwtb has joint custody through a shared residency order and therefore PR of my 7 year old son. However, she is not the biological mother. She claims she will not have to pay child maintenance on the arguement that she did not adopt him.

Can anyone tell me if this is so please

Regards
lachico

  • Fiona
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19 Apr 09 #109038 by Fiona
Reply from Fiona
Under CSA rules child support is only paid by natural or adopting parents.

However, the s25 Matrimonial Causes Act 1973 directs the court to consider the welfare of any dependent 'children of the family' when determining finances and the courts have the powers to order child maintenance for step children.

Whether CM is awarded depends upon the nature and duration of the relationship between the step parent and step child. The first port of call is the other natural parent, but if the step parent has assumed financial responsibility for the step child for a long time the court might call upon the step parent to pay CM.

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20 Apr 09 #109044 by lachico
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Hi, thank you for swift reply!
Although the step-mother has only had shared residency for 12mths, wil the court take into cosideration that my xwtb is due my child in 2mths time and will be a sibling to my son and we will be seeking regular contact with the unborn child. I will also be seeking shared residency of unborn child

thanks

lachico

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