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Child support from bio father

McLeod0605's picture

I married my wife in 2012 and she had a 5 year old son at the time who I love very much. We lived in NC when she was granted custody of him but have since moved to GA. Child support was never ordered by the court because custody was decided in mediation. The biological fathers only request was that my wife not make him pay child support. So she agreed and he signed the paperwork. The bio father has visitation 4 weeks during the summer and every odd year for holidays and tax exemptions.

There is no order for child support, NC no longer has jurisdiction over the child because it is not his home state and he does not offer any support. If we ask him to pay for something such as soccer shoes or school clothes he comes up with an excuse as to why he cant. The child is 8 now. I am the only person in my household that works (my wife is a stay at home mom) and we have another 4 year old son. Since 2012 when I took on the role of step father we have received maybe $80 from his bio father. I pay for health insurance, dental insurance, vision, extracurricular activities, toys, clothes, food, housing…. everything.

When his bio father calls and says I want to have him next weekend we have to meet him half way (200 miles from my home). Why doesn’t he take all that extra money he’s been saving and drive all the way down to my house and get him? Now I make really good money so I am not complaining. It is a gift of love; it is something I want to do. The child, and I refer to him as that for anonymity, has special needs. He was born at 26 weeks gestational age so he is a little bit behind on things. He received occupational therapy once a week to help refine his fine motor skills such as writing; this is paid for by the state because it is a function of the public school system. He also has some very deadly allergies to some very common things. We had him enrolled in public school but that didn’t work out, it was dangerous given his life threatening allergy and his teacher’s lack of common sense so we took him out of public school and decided to home school the rest of 1st grade and all of 2nd grade. This was discussed with his biological father and he also agreed that this was a good idea. He still received his occupational therapy through the school system only the therapist actually came to our home to do it. Now that he is going to 3rd grade and our other son is getting older we have decided that maybe private school at a small private school would be a better option. Occupational therapy would have to be paid for by the health insurance I provide and anything before our deductible is met will have to come out of our pockets. My wife and I have decided that we will be paying for tuition every month and asked his father to pay for school uniforms. He agreed. I sent him a text message last week and reminded him that we needed $300 from him for the uniforms, the school requires them to be bought from a certain store here in GA for uniformity reason, and he told me that anything involving the child was none of my business and that I needed to tell my wife to call him. I told him that was very rude but ok. Now I have been picking up the tab for 4 years now. I have been the one supporting this young man. I have been the one teaching him to tie his shoes and ride a bike. I have talked to my wife and asked that she take him to court for a child support order adjustment but she refuses to citing that she doesn’t want to create waves or upset his bio father because she is scared that he will put up a fight and this will drag her 8 year old son into a court dispute that he doesn’t need to be involved in. she also states that it may create animosity between her and her ex and it’s “just easier when everybody gets along, besides he won’t pay it anyways”. This is putting a strain on our relationship because I feel as though her ex was dis-respectful to me, I feel like she should stand up to him and either require him to relinquish his rights so that I may adopt the child or he should be forced to pay child support or face the consequences. I feel like I have no rights to the child but I am expected to pay for everything that he needs. Now I will gladly accept the financial responsibility of this child but I also want to be his dad. What should I do?????

Last In Line's picture

I have never heard of someone who doesn't have 50/50 being allowed to opt out of child support, even if the other parent doesn't want it. That money is for the child! Are you SURE this is what the papers say, or if there are even actually papers??

Aside from that...you are the ones who moved, so meeting halfway for exchanges is about the best you could expect. Be glad he doesn't insist on you driving the entire way. (Was there no new paperwork filed after this move took place?? Usually there would be...)

What do the papers say about the father paying for medical care, clothing, and extras?

None of what you are saying makes legal sense. Your wife is either really stupid and gave up everything just to get away from her ex, or she is lying about what's in the papers.

FieryEscape's picture

I agree, something doesn't sound right - the OP needs to read the court order.

As far as the transportation issue, that is something that should of been address in a court order as well.

None of this makes sense .....

BioDad should be supporting his kid, no excuses.

McLeod0605's picture

The money is marital property and I'm required by law to provide for essentials, food housing and transportation.

McLeod0605's picture

No, I'm required to provide essentials food transportation and housing. I'm his gaurdian. I cannot petition for child support. How do I convince my wife that it is the right this to do?

BethAnne's picture

As far as I understand it you are required to ensure that any child is not being abused and if you witness abuse you are required to report it. That is pretty much the requirement on any adult who knows that a child is being abused. Do you have legal paper work listing you as a legal guardian of your SS? If not you have no obligation towards him further than what I described. So yes, while you and your wife are living together your SS needs to be fed and housed but if your wife were to leave the family home that is all on her and you have no further obligations or rights towards towards the child.

If you want the situation to change and reasonable conversation and negotiation with your wife (and perhaps a therapist too) has not gone anywhere you need to force her hand. Stop paying for all extras, cut off your wife's money and separate finances then do not pay for activities, do not pay for private school, do not pay for expensive uniforms. The boy should be feed and clothed and housed while your wife lives with you, but extras are up to your wife and the bio dad to sort out. He won't pay unless forced, she won't force him unless you make her, so it is down to you. Do you want to continue this way or not?

As much as you love the boy he is not yours, not yours to adopt as he has a dad, maybe one who does not provide financially, but he has a dad. Do not make your SS feel rejected by his father by attempting to adopt him. He is not your son. If his dad died or disappeared for 5 years then maybe consider it but right now trying to adopt him is just a power play on your part. The reality is pretty harsh but our step kids will never be our bio kids and no amount of love or money will change that. Being a step parent is not easy and accepting that a child you parent is not yours and you have no rights is one of the toughest things to deal with.

Oh, and bio dad is absolutely right. Your wife needs to be the one dealing with him in all communications, no matter who is paying the bills that is their son and their shit to sort. Again it can be tough to rescind control over something that can affect you substantially but it is not your place.

Last In Line's picture

Are you LEGALLY his guardian or do you just call yourself that because you are an adult in the household? It makes a massive difference.

McLeod0605's picture

Look y'all I know what I am and am not required to do by law OK. I've met with my lawyer but I also have a moral compass... It guides me to treat the two boys the same and not do for one without the other. Besides who would do for my step son if I didnt.... Nobody. I need to convince my wife to take her ex to court. How do I do that?

Last In Line's picture

Sometimes the only way you can do that is to FORCE it. Refuse to pay for anything but the bare essentials for the step-kid until she takes his father to court and get what is rightfully the child's.

Disneyfan's picture

If you stopped supporting your SS, yourespectful wife would get and job and go to court for CS. The two people who created that child are the ones responsible for supporting him, not you

a better life's picture

Do not contact your wife's x, that is her role only, on that he was right. Your wife is a afraid that taking him back for child support opens up the opportunity for him to ask for more time or partial custody and she is right in this. If he spends 4 weeks in the summer with his dad that is regular contact and he should not be adopted away from his dad. If your wife does not want to make him pay child support and run the very high risk of giving up more of her custodial control then she can go find employment to assist with the finances for the boy and therefore reduce some of your frustration for having to do it.

Rags's picture

It is my experience that CS can be reviewed every 2-3 years depending on the state you live it or where the CO is based. It has been more than 2yrs. DW needs to file for a CS amendment in GA and nail BioDad to the wall to support his kid. As GA residence and BioDad not being a GA residence the courts will tend to be far more supportive of you, your DW, and the Skid than they will be of BioDad.

Our CO was issued in Oregon that that is where the SpermIdiot remained for nearly the entire duration of the CO. DW and SS left that state for DW to go to university shortly after SS turned 1yo and never returned there to live. We were residents of TX which seems to be like GA in that once a child under a CO from another state is resident for 6mos venue can be changed to TX. We kept that stick ready to smack the SpermClan with if they forced our hand. In our case changing venue to TX would have been a double edged sword. To the positive for our perpsective is that CS would have gone through the roof. To the negative visitation would have more than doubles. We never invoked the TX option but when the SpermClan got stupid we would have our killer attorney send them a CS estimate based on the TX state CS calculator with advice that they do what they were told when they were told to do it if they did not want CS to go through the roof.

He does not have to speak with you but he would be advised to change that stance since you are the one supporting and raising his son. You and DW can make this deadbeat's life a living hell and reduce his financial status notably should you choose. He needs to be held financially accountable.

Have DW file the papers to invoke CS. That ought to get the SpermIdiot's attention.

As for contacting the SpermIdiot... that is your DWs purview and not yours. However, she is your wife and as such you have every reasonable right to protect her from idiots as she has the same right to protect you. I never once called anyone in my SS's SpermClan but on many occassions I clicked into telephone conversations and shut the toxic wastes of skin down and gave them clarity that they either complied with my wife's requests of we would drag their useless asses to court. They learned that court was not where they wanted to be as it cost them big time any time they forced our hand. Not only did they have related legal costs they never escaped court without a significant increase in their CS obligation.

So, bring the pain. The toxic blended family opposition tends to respont to pain very nicely when applied appropriately. At least in our experience.