In today’s society, blended families have become more common. Stepparents may raise a child from a young age and take on the same responsibilities as a biological parent, playing a vital role in the child’s life. However, despite stepparents taking on responsibilities similar to biological parents, legally speaking, they do not have parental rights. That said, many stepparents wonder whether they are liable for paying child support for their stepchildren in the event of a divorce. Keep reading to learn whether stepparents are legally obligated to pay child support for their stepchild in Massachusetts. In addition, discover how our determined Bristol County Divorce Issue Lawyers can help you today.
Is a stepparent liable for child support?
Firstly, child support is a type of court-ordered payment that a non-custodial parent must pay to the custodial parent to provide financial support for their child’s basic needs. As mentioned above, following a divorce, stepparents often wonder whether they are liable for paying child support for their spouse’s children from a prior relationship. In most cases, the court typically recognizes that it is unfair to require a stepparent to pay child support for their spouse’s children from a prior relationship. However, there are two circumstances in which the court may require a stepparent to pay child support.
If you adopt your stepchildren, you will be liable to pay child support. This is because once you legally adopt a child you obtain parental rights, making you their parent. Essentially, you are no longer their stepparent. It is imperative to note that a stepparent cannot legally adopt their stepchild unless their biological parent relinquishes their parental rights. Additionally, if the children’s custodial parents are unable to financially support the kids and you have an income that would allow you to provide for the child to give them a better life, you will be liable for paying child support. These are the only instances in which a stepparent may be required to pay child support. Ultimately, after a divorce, stepparents have no legal obligation to provide child support for stepchildren unless an adoption has occurred.
What if my ex remarries?
Following a divorce, a parent’s child support obligation will continue regardless of remarriage. Remarriage does not automatically terminate an existing child support order. However, under certain circumstances it can justify a modification to an existing order. Therefore, you will be required to pay child support regardless of whether your former spouse remarries.
In Massachusetts, biological parents are responsible for supporting their children. However, stepparents can be held liable for child support payments under certain circumstances. For more information on child support obligations in Massachusetts, contact a trusted lawyer from The Law Offices of Cynthia L. Hanley, P.C. Our firm is prepared to help you navigate complex legal matters that affect your family.
