Does California Law Require Financial Care of Stepchildren

**zulwe** · 03-11-2010, 10:51 AM

My question involves child support in the State of: California

My wife has minor step children for whom she had been caring as a single mother; the children have been receiving state aid, as the father has not been providing support. we reported our marriage to the social services and they requested my financial information, which i submitted.

upon receiving it, they stated that the children no longer qualify for the aid. i am not trying to get out of caring for them, as i love them; yet i'm not too proud to turn down food for growing kids!!

i wanted to know if a step parent is required by law to care for his spouse's children, when the biological parent is legally listed as the custodial parent, but has absconded and not shouldered any of that responsibility.

what if there were a situation where the step parent decided to care for his spouse only, delegating the care of the children to the biological parent who no longer lived there? is that possible, or legal?

any clarification would be appreciated!

**Dogmatique** · 03-11-2010, 11:08 AM

You're talking about two different things here.

The first, is basic child support. A step-parent is NOT legally required to provide any financial support to his/her step-children. Period. The legal obligation falls on the child's legal parents...and if Dad isn't paying, then Mom (or CSE) needs to be filing contempt against Dad for non-payment (assuming there is an order for support).

The second, is state aid. The state looks at the household income - not just the income of divorced Mom. That's what has happened here - the state has decided that you make too much for Mom and her kids to qualify for that help. If you don't want that to be the case, your options are limited...and include things like separation and divorce from your wife.

Your wife is also not considered to be a single Mom.

Sorry it's not better news (as far as you're concerned) - but yours is a common issue faced by thousands of step-parents every day.

(I'm also a step-parent, for what it's worth

)

**zulwe** · 03-11-2010, 11:48 AM

thank you very much for the clarification; just needed to know my options, and I didn't want to go in to the state office with guns blazing for no reason!

Quoting Dogmatique

You're talking about two different things here.

The first, is basic child support. A step-parent is NOT legally required to provide any financial support to his/her step-children. Period. The legal obligation falls on the child's legal parents...and if Dad isn't paying, then Mom (or CSE) needs to be filing contempt against Dad for non-payment (assuming there is an order for support).

The second, is state aid. The state looks at the household income - not just the income of divorced Mom. That's what has happened here - the state has decided that you make too much for Mom and her kids to qualify for that help. If you don't want that to be the case, your options are limited...and include things like separation and divorce from your wife.

Your wife is also not considered to be a single Mom.

Sorry it's not better news (as far as you're concerned) - but yours is a common issue faced by thousands of step-parents every day.

(I'm also a step-parent, for what it's worth

)

**aaron** · 03-11-2010, 12:03 PM

Quoting Dogmatique

A step-parent is NOT legally required to provide any financial support to his/her step-children. Period.

There are some circumstances in a handful of states through which the step-parent may gain some rights relating to the step-children, potentially gaining visitation rights and becoming liable for child support, under principles of estoppel or in loco parentis; as you note, however, that's not the type of child support that is relevant to the present inquiry. For those interested in the topic, see the discussion in Nancy S. v. Michele G., 228 Cal. App. 3d 831, 279 Cal. Rptr. 212 (1991).

**zulwe** · 03-11-2010, 12:15 PM

again, my thanks! this brings up another question, but perhaps i should start a new thread...

**Dogmatique** · 03-11-2010, 12:55 PM

Quoting zulwe

again, my thanks! this brings up another question, but perhaps i should start a new thread...

Nope - keep 'em all together here

(much simpler

)

Quoting aaron

There are some circumstances in a handful of states through which the step-parent may gain some rights relating to the step-children, potentially gaining visitation rights and becoming liable for child support, under principles of estoppel or in loco parentis; as you note, however, that's not the type of child support that is relevant to the present inquiry. For those interested in the topic, see the discussion in Nancy S. v. Michele G., 228 Cal. App. 3d 831, 279 Cal. Rptr. 212 (1991).

Thanks, aaron!

**zulwe** · 03-11-2010, 01:05 PM

ok, here is a case: a california couple divorces. the father of the kids files for the divorce and gets legal custody of the kids. however, the kids at no time actually live with the father; they just visit him.

the court orders support from the father to provide for his kids; he gradually whittles it down and then skips town to another state, living under an alias. can legal action be taken against him even while he lives in another state? i eagerly await info....

**Dogmatique** · 03-11-2010, 01:23 PM

Quoting zulwe

ok, here is a case: a california couple divorces. the father of the kids files for the divorce and gets legal custody of the kids. however, the kids at no time actually live with the father; they just visit him.

the court orders support from the father to provide for his kids; he gradually whittles it down and then skips town to another state, living under an alias. can legal action be taken against him even while he lives in another state? i eagerly await info....

Mom needs to file for contempt for non-payment of child support, and file to modify the custody order based on the kids actually living with her, and not him.