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User Topic: Child support for OW's child
sunshine226
♀ Member
Member # 38851
Default  Posted: 8:13 PM, August 5th (Monday), 2013View ProfileEdit MessagePrivate MessageHomepage

I have a question and hope that someone here can help me out

Have you ever heard of a OW going after a man that isnt the bio dad of her kids for child support, bio dad has never been in the picture (her story to WH, who the hell knows what happened there)

The reason I ask is that WH is living with OW, for 17 months now, been together for 2 years in September, someone mentioned to me that she could go after him for child support if he leaves.

Not sure if this is true or even is it even possible but this woman is a psycho and I dont trust her one damn bit.

[This message edited by sunshine226 at 8:15 PM, August 5th (Monday)]


Me-BS (44)
Him-WS (47)
DDay 1/1/2012, common law for 22 1/2 years when he began A in September 2011
Status: moving on without him

Posts: 234 | Registered: Mar 2013
hurtbs
♀ Member
Member # 10866
Default  Posted: 8:32 PM, August 5th (Monday), 2013View ProfileEdit MessagePrivate MessageHomepage

IF he adopts the child or becomes a legal guardian, I think she can.

Otherwise, no


Me BW Him XSAWH
DDays 2006, and then numerous more
Divorced 2012

"In life, unlike chess, the game continues after checkmate." - Asimov
"Be patient and tough; someday this pain will be useful to you." - Ovid


Posts: 15325 | Registered: Jun 2006
Tired05
♀ Member
Member # 39609
Default  Posted: 11:08 PM, August 5th (Monday), 2013View ProfileEdit MessagePrivate MessageHomepage

I've been doing a lot of research lately on this subject...

Has he been claiming that the child is his? How old is the child? Was he with her when she gave birth? Look up "presumed father laws".

This part may be relevant to you:

The man openly represented the child as his own, and welcomed the child into his household or home


Together 6 yrs. M 4 yrs. DD born 3/1/2013.
Me: BS -- Him: 1 EA/PA (6mos), PA (MW), and 6 ONS...Been at it for almost 5 yrs. *Still slave to TT* 1st DDay- 11/24/2012,
.....OC due in August.....

Posts: 122 | Registered: Jun 2013 | From: United States
meplusfour
♀ Member
Member # 38958
Default  Posted: 11:22 PM, August 5th (Monday), 2013View ProfileEdit MessagePrivate MessageHomepage

If you are in Canada, look up "in loco parentis". It is Latin for "in the place of the parent" and the basis for child support for parents who are not the biological parent of the child.


BW (me)42
WH 44
3 daughters, 1 son
Married 10 years, together 13
DDay 3/14/2013, four year PA
In R
"Sometimes you have to accept the fact that certain things will never go back to the way they used to be."

Posts: 388 | Registered: Apr 2013 | From: Canada
sunshine226
♀ Member
Member # 38851
Default  Posted: 8:05 AM, August 6th (Tuesday), 2013View ProfileEdit MessagePrivate MessageHomepage

been doing some research and there is a case here in Canada where a husband and wife split and he had to pay child support for his non biological child

Now, WH and OW are not married but have been living together for 17 months, together for almost 2 years.

His name is still on our bills, his mail comes here, his banking info lists our address. He did however change the address on his license, work and work insurance (even has her listed on his insurance plan now, because apparently she cant afford to pay her own medical expenses, but in the beginning she had lots of money)

Now if I was able to find this information out, I am sure she damn well knows it too, told WH from the beginning that she is using him and considering I told her last July and August that we werent broke up and then in January told her the whole truth, how we are still together and sleep together when he's here, she is believing WH's lies, believes that I am the one lying........or is she????

I have been told by someone that knows her that she is a lying manipulative bitch. She is gonna take WH to the cleaners if he leaves her!!!!!!!!!!!!!!!! I thought it from the beginnning and he stayed with her and gave her the ammunition she needs, WH is still telling me he's not staying with her, lol. Wow is he in for a shock when and if he tries to leave her. SHe will make him pay big time


Me-BS (44)
Him-WS (47)
DDay 1/1/2012, common law for 22 1/2 years when he began A in September 2011
Status: moving on without him

Posts: 234 | Registered: Mar 2013
doesitgetbetter
♀ Member
Member # 18429
Default  Posted: 10:24 AM, August 6th (Tuesday), 2013View ProfileEdit MessagePrivate MessageHomepage

Depends on the state actually. I have a BIL who had to pay child support for his ex wife's kids from the time they separated until their D was final, and neither child was his, AND she was collecting child support from the bio dad's the entire time as well.

Oh, and I am from the same state as well, and I also had the state attempt to get child support from my ex husband during the time between separation but before divorce as well. I was on state medical assistance for my son, so they automatically sued my (soon to be at the time) ex for child support. Fortunately, by the time the state got word that we were separated, we were already just a few days away from legally divorced, so my ex never had to pay a penny for the child that wasn't biologically his. But he came close to having to though.

So yes, in some states, they CAN be required to pay child support for a child that's not biologically theirs. Both examples involved marriage though. I'm pretty positive that no state would ever make a man pay child support to someone he wasn't even married to if he didn't provide DNA to the child.


DDay - Dec '07
Me - BS
Him - FWS
Us - Committed
May 18, 2010 - I forgave him fully!
"Behold, I have refined thee, but not with silver; I have chosen thee in the furnace of affliction." Isaiah 48:10

Posts: 3859 | Registered: Feb 2008
sunshine226
♀ Member
Member # 38851
Default  Posted: 5:00 AM, August 7th (Wednesday), 2013View ProfileEdit MessagePrivate MessageHomepage

i text WH and told him what i found out, he hasnt replied.

I have to protect our children and everything we worked so hard for, i have to protect us from this plague he has brought upon us because his actions prove to me that i cant rely on him to protect us


Me-BS (44)
Him-WS (47)
DDay 1/1/2012, common law for 22 1/2 years when he began A in September 2011
Status: moving on without him

Posts: 234 | Registered: Mar 2013
doesitgetbetter
♀ Member
Member # 18429
Default  Posted: 9:50 AM, August 7th (Wednesday), 2013View ProfileEdit MessagePrivate MessageHomepage

I apologize, I don't know you're story and if you two are working on R or not. But either way, in some states (possibly differs in provinces as well since you appear to be in Canada), the person who files for CS first gets the lions share of the payment. So you may want to check into that as well, and file for CS if you haven't already. CS is for the kids, your kids deserve to be taken care of.


DDay - Dec '07
Me - BS
Him - FWS
Us - Committed
May 18, 2010 - I forgave him fully!
"Behold, I have refined thee, but not with silver; I have chosen thee in the furnace of affliction." Isaiah 48:10

Posts: 3859 | Registered: Feb 2008
sunshine226
♀ Member
Member # 38851
Default  Posted: 7:30 PM, August 7th (Wednesday), 2013View ProfileEdit MessagePrivate MessageHomepage

We are separated, he's living with OW for 17 months now, I kicked him out and the next day he moved in with her, spent over a year going back and forth between us, telling me the entire time that he loves me, wants to be with me, wish this didnt happen, trying to find a way out, soon, wont be long now, be patient a little while longer, etc, etc, etc

But it is getting close to the 2 year mark since they met each other in some bar. So I need to get my ducks in a row and make sure this OW doesnt go for the jackpot where WH is concerned.

I need to protect our kids and everything we worked so hard for, not from him but from her, I do not trust her one damn bit and the more time passes and the more I have to think, it only confirms my suspicions about her that I had right from the beginning

So I guess its off to see the lawyer about child support for daughter, doesnt matter to me anymore that he is paying the mortgage, insurance and truck payments, I need to protect everything now. I am back to work now and would love to help with the above financial commitments but OW convinced WH to close our bank account and open a separate one with just his name.

Bad move on his part because I have the statement that the account was closed and I didnt agree to it, but talked to a lady at the bank and she said that it was all on the up and up, shocked the hell out of me, she told me that I could have done the same thing. I am considering some legal action against the bank because I dont think that should have been allowed, my name was on that account to and I didnt sign off on closing it!!!!!!!!!!!

Oh the drama never ends, who needs to go to a movie or watch television, real life is crazy enough


Me-BS (44)
Him-WS (47)
DDay 1/1/2012, common law for 22 1/2 years when he began A in September 2011
Status: moving on without him

Posts: 234 | Registered: Mar 2013
Topic Posts: 9

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