Legal Question in Family Law in California

hi i have 2 questions,

1:my wife and i are getting separated and we have 2 kids one is mine biologic and she also have a son my stepson, i'm i financially responsible for my step son after divorce/ during divorce?

2: we have an agreement that she has both boys 50% and i have them 50% am i responsible

to pay her money when she has the boys? cuz she dont work and i do, but she has a new boy friend that has his own house and he has two kids also


Asked on 2/26/12, 8:30 pm

2 Answers from Attorneys

PATRICK MCCRARY PATRICK MCCRARY

You are not legally obligated to support the step child but can if your wish. If you do not support the child you may not be able to have a relationship with him. If you want to continue that relationship, you should get that in a court order so she will be obligated. A court would expect that you wife look for work and become self supporting. Her living with her boyfriend reduces her need for spousal support, but will not affect the child support. You really need a family law attorney to guide you through this mess. Good Luck, Pat McCrary

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Answered on 2/27/12, 6:58 am
Brian McGinity McGinity Law Office

In this situation you really need an attorney. The answer to your question is not an all or nothing answer. In California, you are generally not responsible for a step child unless you have adopted the child through the court process. However, there are cases where the court has order a step parent to pay child support in the interests of justice.

Child support is determined through a formula in a computer program called the dissomaster. Generally, it is time with the children and income verses time with the children and income. So having a child 50% of the time does not mean you will not be paying child support. Generally the more time one has with the children the less they will pay in child support.

Spousal support is also determine through the dissomaster program as well, but the Judge has more discretion with the amount.

If you have any questions please contact us through our web site at www.brianmcginitylaw.com .

Good luck

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Answered on 2/27/12, 12:31 pm


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