I'M in the same situation. I was told that the spouse is not held responsible for your child even if she is married to your child's father and he isn't supporting the child. Eventually he will get locked up and his license will get suspended.AnswerNo, you have no legal obligation to support the biological child of your spouse. However, depending upon what state you live in, property owned jointly can be subject to a lien or seizure for back support payments. Whether or not a marriage took place between the biological parents is irrelevant when it pertains to the support of the child/children. That is based on the assumption that paternity was established to the satisfaction of the court or the father voluntarily accepted the parental obligations.
The father of the child (whether he was ever legally married to the child's mother or not) is obligated to pay the child support. His new spouse cannot be LEGALLY obligated to pay it since she has no part in the action at all, but there is no bar to her helping her husband pay it if she wishes to do so.
It is not clear from your question whether you are the father of the child. If you are the father of the child, you are legally obligated to pay child support if a child support order has been entered by a court. If you are not the father of the child but are living with the child's mother you are not obligated to pay child support.
The non custodial parent pays child support. If the father has custody of the child then the mother pays child support and vice versa. If the father is the non custodial parent and is in school he is still obligated to pay child support whether he is unemployed or not. The only thing that can relinquish a support order is if the parent is incarcerated and not receiving an income, if you sign over your rights ( which in some cases you might still be obligated to pay ) or if you die.
The father should contact the clerk of the court where the support order was enacted for information on how to rectify the situation. Even if the mother has agreed to stop support payments it is not legally binding until the court issues an order stating such. If the father is in arrears he will most likely be obligated to pay the amount before the court considers ending support obligations. Likewise, if the support payments have been made through the state's social services it may not be possible for the mother to or father to engage in the action canceling support obligations.
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