The UK's largest and most visited divorce site.
Modern, convenient and affordable services.

We've helped over 1 million people since 2007.

 
Click this button for details of our
email, phone nbr and free consultations.
 

Child maintenance for step children

  • purequo
  • purequo's Avatar Posted by
  • Junior Member
  • Junior Member
More
06 Jul 10 #212692 by purequo
Topic started by purequo
Just wondered whether anyone had any advice on step children.
I am married for 7 years and seperated last December.
I have decided enough is enough and we cannot live under the same roof any longer.
Their biological father has never paid anything.
Will I have to pay maintenenance?
Please help if you can?
The house is paid for and Im happy to leave that a a one of lump sum final payment.

Childrens ages 12 & 14

I am in full time employment 25k
Wife part time work 4k

I have paid all the bills since we married including the mortgage and my wifes parents have supported the children ever since they were born clothes , education trips family holidays etc.

Ive been emotionally blackmailed every time I have threatened to leave about making sure that I get screwed for every penny.

I have rarely had my input in the childrens welfare care and upbringing without any influence from inlaws.

They always have loaned us money when we are short and made sure the kids never do without even if I think its the wrong decision.

any advice what I can do even how to start the ball rolling would b e helpful

  • Ursa Major
  • Ursa Major's Avatar
  • Platinum Member
  • Platinum Member
More
06 Jul 10 #212695 by Ursa Major
Reply from Ursa Major
On the figures and details you provide it seems likely that you will have to pay CM (as your step-children are considered "children of the family")but SM depends on your wife's enitlement to tax credits and other benefits which will bring her income up to almost parity with yours.

You really are between the devil and the deep blue sea because you are liable to pay but as you don't have PR your chances of enforcing any access will be slim.

With the children now being in secondary education your wife needs to look at maximising her income (going full-time, retraining etc as most judges will expect her to make more effort to support herself more effectively. When you get to the negotiations stage of the finances I do not think it would be unreasonable for you to question what efforts she has made to contact the biological father(s) of her children regarding maintenance as he will have a financial responsibility towards them which she is expecting you to shoulder in full because she won't chase him.

  • sexysadie
  • sexysadie's Avatar
  • Platinum Member
  • Platinum Member
More
06 Jul 10 #212708 by sexysadie
Reply from sexysadie
I hope one of the lawyers will come in soon, but I am not sure that this is right. I think the fact that the step-children are 'children of the family' means that they are considered in the settlement. I don't think it means that you have to pay CM for them, though it would be possible for your ex to ask for that in court, in the same way as she might ask for spouse maintenance. She should be claiming maintenance for the children from the natural father through CSA, though this is often easier said than done.

Best wishes,
Sadie

  • stanlaw3
  • stanlaw3's Avatar
  • New Member
  • New Member
More
06 Jul 10 #212716 by stanlaw3
Reply from stanlaw3
Hi, Sadie is quite right step-children are considered to be 'children of the family' and will be taken into account by the Court in any divorce proceedings when deciding who pays what to who.

At the end of the day the Court will try to make sure that any assets and income are shared fairly between you and they will try to ensure that you both have a home and enough money to live on from all sources including the possibility of state benefits for your wife.

Although the Court cannot Order child support to be paid by biological parents in a divorce unless there is an agreeement, it is possible to obtain an Order against step parents which will be assessed taking into account the mother's financial need and the father's ability to make a payment in addition to all his other reasonable commitments.

Also the fact that you do not have Parental Responsibility will not prevent you from having contact with the children nor will the fact that you are not their biological parent make any Contact Order any more difficult to enforce.

Hope this helps.

  • Fiona
  • Fiona's Avatar
  • Platinum Member
  • Platinum Member
More
06 Jul 10 #212721 by Fiona
Reply from Fiona
The CSA cannot become involved and the courts have jurisdiction over CM when there are step children.

The first port of call for child maintenance is the natural father through the CSA and only if he doesn't pay (eg because he can't be traced or is dead) would the courts consider an application for a step parent to pay CM.

Regard is then given to the nature and duration of the step parent's relationship with the children as well as the children's need and both parent's financial situation.

  • craigkent
  • craigkent's Avatar
  • New Member
  • New Member
More
08 Jul 10 #213111 by craigkent
Reply from craigkent
child maintenence is same for all children whether it is step or real.

_____________________

military surplus

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11

Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.

 

We can help you to get a fair financial settlement.

Negotiate a fair deal from £299

Helping you negotiate a fair financial settlement with your spouse (or their solicitor) without going to court.


Financial Mediation from £399

Financial mediation is a convenient and inexpensive way to agree on a fair financial settlement.


Consent Orders from £950

This legally binding agreement defines how assets (e.g. properties and pensions) are to be divided.


Court Support from £299

Support for people who have to go to court to get a fair divorce financial settlement without a solicitor.