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Second Weddings

child support and new husband

i was just wondering if anyone knows if there is any  possible way that your new husband would have to pay child support for your child (from a previous relationship) in the event that you two got divorced (w/o having of adopted him/her)

My uncle told my fiance that he would have to and i told him heck no but figured i would check to see if any of you have heard of this.
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Re: child support and new husband

  • I think it depends on your state.  You should check with an attorney in your state to get a better idea. 
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  • Depends on state, but usually only if they adopt your children from previous relationships.
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  • I know nothing about state laws, but I would also think that having a specific exclusion via a pre-nup would help to protect him as well.  ~Donna

  • edited July 2012
    Check with an attorney; most good attorneys give free first time consultations and they can tell you if it's going to be an issue.  Typically, a step parent is not responsible for child support for a child they have not adopted regardless of whether they marry the parent of the child.  I don't know how a prenup would affect this because child support accrues to the child (not the parent) and a child cannot sign/consent to alter their right to child support.  (Hence why Katie could sign a prenup to not personally go after Tom in the event of their divorce but she still retains the right to go after Tom for child support.)

    *This should be construed as legal advice.  Please speak to an attorney for bonafide legal advice.*
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