Are you liable for child support if marrying a woman with kids and divorcing later?

[skimread]

Are you liable for child support if marrying a woman with kids that aren't yours and divorcing later?

 

[Fulcrum29]

No, unless you implied to maintain the children.

 

[Fulcrum29]

How to claim child maintenance?

Everything you need to know about child maintenance in South Africa

www.divorcelaws.co.za

Is there a duty on step-parents to support a child?

A step-parent is not by law obliged to maintain his/her stepchild. The reason for this is that the duty to support a child rests on a blood relationship and not necessarily on affinity. Generally, as step-parents do not have a legal duty to pay maintenance, a maintenance order cannot be made against them. In a recent case, however, a stepfather was ordered to pay school fees for the son of his wife. The order was made by the judge granting their divorce.

The Maintenance Act states that the court may, at any time, subpoena anybody that can provide relevant information pertaining to the maintenance enquiry, and that could include a step-parent.

The case in question,

Who is ultimately responsible for child maintenance?

Apart from the child becoming self-supporting, the duty to support shall terminate upon the child’s death, when the child gets married or is adopted.

www.parent24.com

Generally no duty on a step-parent

Generally, there is no duty on a step-parent to support or maintain a stepchild.

However, in the case of MB v NB 2010 (3) SA 220 (GSL), a stepfather was ordered to pay school fees for his stepson.

The court found that the stepfather had a contractual obligation to pay the school fees. The court did not have to determine whether the stepfather legally adopted the child.

As it was enough for the court to conclude, as it did, that the stepfather held himself as the child’s father and both the child and his mother relied on this representation.

In this case, the stepfather and the child’s mother decided together which private school to place the child at and undertook to pay the school fees for the child.

he implied. He accepted an obligation which he wasn't obliged to which is common within contract law.

 

[skimread]

How to claim child maintenance?

Everything you need to know about child maintenance in South Africa

www.divorcelaws.co.za

The case in question,

Who is ultimately responsible for child maintenance?

Apart from the child becoming self-supporting, the duty to support shall terminate upon the child’s death, when the child gets married or is adopted.

www.parent24.com

he implied. He accepted an obligation which he wasn't obliged to which is common within contract law.

So the lesson is to not let the kid call you daddy. That can be hard if the kid is young.

 

[skimread]

In this case, the stepfather and the child’s mother decided together which private school to place the child at and undertook to pay the school fees for the child.

Also don't pay any kids expenses. Leave it to the mother.

Jeez, the law can be grey sometimes.

 

[Fulcrum29]

So the lesson is to not let the kid call you daddy. That can be hard if the kid is young.

Who is currently maintaining the children? The moment they are dependent on you, the court will see it that way.

 

[skimread]

Who is currently maintaining the children? The moment they are dependent on you, the court will see it that way.

Thinking about it but unsure how it will work. It's kinda hard to have separate groceries for everyone or calculate electricity and water usage per person.

 

[Fulcrum29]

Thinking about it but unsure how it will work. It's kinda hard to have separate groceries for everyone or calculate electricity and water usage per person.

I would say not to overthink the matter. Sharing in the expenses wouldn’t make you obligated. It is the moment you are starting to make the decisions which are in the children’s best interest which will make you obligated. Obviously, you and the mother may consult each other.

 

[Fulcrum29]

It is best to read the case in detail to better comprehend the circumstances.

MB v NB (2008/25274) [2009] ZAGPJHC 76; 2010 (3) SA 220 (GSJ) (25 August 2009)

www.saflii.org

Basically, when you bond with your stepson, and you undertake to participate in his development and share in his upbringing that you are committed to those expenses. In the case you divorce, pending on the circumstances, you cannot expect to terminate your contribution and expect the mother to inherit those costs. A divorce doesn't void that agreement. As you read in the court order all circumstances were taken under consideration and were ruled accordingly. It wasn't unreasonable in my view.

 

[Kosmik]

It is best to read the case in detail to better comprehend the circumstances.

MB v NB (2008/25274) [2009] ZAGPJHC 76; 2010 (3) SA 220 (GSJ) (25 August 2009)

www.saflii.org

Basically, when you bond with your stepson, and you undertake to participate in his development and share in his upbringing that you are committed to those expenses. In the case you divorce, pending on the circumstances, you cannot expect to terminate your contribution and expect the mother to inherit those costs. A divorce doesn't void that agreement. As you read in the court order all circumstances were taken under consideration and were ruled accordingly. It wasn't unreasonable in my view.

If I understand it right, he chose to co-sign for a school indicating he would pay for the fees, thats where this judgement comes in and even the matter of maintenance was struck off the case, rather just the fees were pursued.

It's sad though but truly, the biological father is the one who should be supporting financially, UNLESS the child is adopted which was not the case in this trial.

Divorce and kids, its a nasty street.

 

[Lupus]

No you're not, unless you've adopted the child

 

[tRoN]

Why is it in a patriarchal society the man always gets shafted after a divorce.
We need more pro-male judgements

 

[scudsucker]

Why is it in a patriarchal society the man always gets shafted after a divorce.
We need more pro-male judgements

50% of the time the step-child is male.

 

[Kosmik]

Why is it in a patriarchal society the man always gets shafted after a divorce.
We need more pro-male judgements

Most of the time, the mother is the one who has to care for the child so yes, judgments are predominantly against the male. Males who win custody tend not to go so hard after the mothers because of:

1. Pride
2. Just wanting it to be over
3. They know the mother has nothing

Regardless of which parent retains custody, the other is jointly liable in law. no parent has preferential rights due to sex. Being very patriarchal, the bread winner tends to be the male more times than not.

 

[scudsucker]

...judgments are predominantly against the male.

Judgements are made in favour of the child, not "for" or "against" a parent.

 

[Kosmik]

Judgements are made in favour of the child, not "for" or "against" a parent.

Not quite what I was intending, more statistically than anything else I mean.

 

[grok]

LOL at having to support the spawn of another useless breeder financially.

Better to not get involved that way in the first place I guess.

 

[Mekon]

Don't get married is the best advise.
Never get married to someone who has got kids
But mostly avoid getting married

 

[Jabulani22]

Most of the time, the mother is the one who has to care for the child so yes, judgments are predominantly against the male. Males who win custody tend not to go so hard after the mothers because of:

1. Pride
2. Just wanting it to be over
3. They know the mother has nothing

Regardless of which parent retains custody, the other is jointly liable in law. no parent has preferential rights due to sex. Being very patriarchal, the bread winner tends to be the male more times than not.

Bread winner - the term used to have meaning when only the male worked and supported the whole nuclear family , nowdays judgements are almost always against the male because the laws have not been overhauled to reflect the empowerment of women and still assume the male is the bread winner while the woman is not.

 

[Kosmik]

Bread winner - the term used to have meaning when only the male worked and supported the whole nuclear family , nowdays judgements are almost always against the male because the laws have not been overhauled to reflect the empowerment of women and still assume the male is the bread winner while the woman is not.

The courts look at the income of both parents, no assumption is made, it must be proven.