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Will I have to pay maintenance for my fiance’s children from his previous marriage?

Tagged as: Big Questions, Breaking up, Family<< Previous question   Next question >>
Question - (29 June 2011) 4 Answers - (Newest, 29 June 2011)
A female United States age 36-40, anonymous writes:

Does anyone know if I will have to pay maintenance for my fiance’s children from his previous marriage (my future stepchildren) if we divorce and I have to pay him maintenance for whatever reason? The children live with their mother. My fiancé pays maintenance to her.

I heard from a friend that an acquaintance of theirs had to include in his maintenance some support for his stepchildren when he divorced the mother, as well as maintenance for his child with her. But in that case the stepchildren’s biological father had died.

Also if we get married and he becomes unemployed and I support him, does that automatically result in me paying him maintenance if we divorce while he’s still unemployed?

I know I should see a solicitor for definite answers but I can't afford that right now. Anyone had any experience with these issues?

View related questions: divorce, fiance

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A male reader, AmIcommittmentphobic Canada +, writes (29 June 2011):

AmIcommittmentphobic agony auntHere is how it works in most jurisdictions:

Child support can be requested from either of the parties if, either party acted in the role of "parent" to the children for a specified length of time (different for every jurisdiction). Given that the children live with their mother, the idea that you would have to pay support to her for the children, is quite remote. If the children lived with you, and you became their defacto mother while they lived with you, upon separation, your husband could petition the court for spousal support.

If your husband became unemployed while you were married and you supported him and subsequently divorced, yes your husband could petition the court for spousal support especially if you earn a very good living (i.e. keep him in the lifestyle he has grown accustom). Again, he would have to explain to the court why he would require this on-going support including a reasoning as to why he was unable to find work.

That is a general run-down of it. I would check out legal aid in your State to get more detailed information.

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A male reader, Boonridge McPhalify United Kingdom +, writes (29 June 2011):

Boonridge McPhalify agony auntit sounds to me like although you have your eyes wide open, that you can forsee this marriage failing. if that is true then why would you marry him.

it sounds to me like these legal worries are the logical representation in your mind of you not trusting him. and that maybe your friends are pointing out these possibilites because either you are confiding your worries in them, or they dont think things will go the distance for whatever reason.

you're young and to be getting married halfway through your twenties to a man you have even the slightest inkling that you will divorce seem to me a rash move.

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A female reader, eyeswideopen United States +, writes (29 June 2011):

eyeswideopen agony auntWell I have to give you credit, you certainly are a far-sighted individual. Most lawyers do a one time free consultation, check it out. Each state has different laws so you really do need to speak to a lawyer to be sure.

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A male reader, CaringGuy United Kingdom +, writes (29 June 2011):

I would recommend speaking to a lawyer, only they can be sure about what you will and won't have to pay. You will not directly have to pay, but it may be a slightly bigger slice of his pay is taken because you and he will be seen as having a larger joint income. As for hi losing his job, if that happens you shouldn't have to pay for them.

Honestly, you need to speak to a lawyer - no one can be entirely sure what will happen.

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