AboutMelanie Nathan Expertise As a Mediator with a high settlement record, I am able to answer questions about negotiation, strategy, mediation, how to choose a divorce lawyer, choices and paths to take when embarking upon a family law matter. Also able to give extensive and creative co-parenting solutions. Custody, division of property, child support, spousal support, divorce process and procedure, in a neutral and non advisory fashion.
I am unable to give direct legal advice on the internet and hope that all answers are viewed in the context of the limitations of this type of forum. I will endeavor however to provide an informative answer that is educational by nature. I have developed a unique form of Family Law Mediation and document assistance and provide my services through the Company I founded in 2000, PRIVATE COURTS.
I utilize my experience as a divorce coach. Most people do not know what this is and you can read about it on my website at: http://www.privatecourts.com/divorcecoaching.html
I draw your attention to this because it may be a good idea to recommend this newish modality to persons going through divorce.
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Experience Twenty five years as a lawyer, business owner, and mediator.
Organizations VP on Board of Fair Housing of Marin. (FHOM) Various ADR Panels and membership organizations. See website fr details www.privatecourts.com
Expert: Melanie Nathan Date: 7/4/2008 Subject: child support
Question I am currently going through a divorce. I had a child from a previous relationship when my husband and I got married. Because my daughter's real father was never in the picture (there is no father listed on her birth certificate) my husband assumed the role of her father but never legally adopted her. We were together 10 years. My question is can I find him to be financially responsible for her along with the three children we had together (child support?) He claimed her on his taxes every year and used her as a dependent whenever he needed to. I live in the state of New York. i just don't understand how they can just drop her and he has no responsibilty towards her.
Answer Your Husband has no legal duty to support this child as he is not listed on birth certificate, he is not a biological parent and he did not adopt her. So that is correct. However the fact that he was your husband could mean that there is a "presumption of paternity," due to your marriage. The question then would be the date of marriage and her birth date and if the times coincided. He may then order a paternity test and the presumption could fall away. So that claim would unlikely succeed.
Then, the fact that he claimed her on his taxes:
1. Did you file jointly? - if you did then it may be a valid filing against your own income or joint income;
2. If you bring this up and if it were illegal to claim her, you could be complicit if you filed jointly.
3. If he claimed your daughter on a separate tax return - only his name- then you may be able to use that fact on negotiations with him to try and get him to help with her support.
HOWEVER, that all said, there is absolutely no reason why he should be responsible for someone else's legal obligation, just because he treated your daughter as if his own when you were married. As long as someone else has the obligation that is whom you should be going after for child support for first daughter. That is how the law views it. It would be unfair to expect someone who never took on the legal obligation to continue to provide the child support simply because they kindly took on someone else's duty while married to you.
Sorry, but no way around the law. Child support is always the obligation and duty of the adoptive or biological parent of the child - that is the person who signed up for the obligation.
