Legal Question in Family Law in California

can stepfather supporting children sue father for unpaid child support?

Can I sue my stepchildren's father for the support he is legally obligated to pay as I have supported his children for the past 9 years because he hasn't? My wife has tried through the CA Family Court System for the past 9 years to enforce the court-appointed child support but the father has refused to pay and remains a deadbeat dad. As she has been unsuccessful, and I have paid the support for the children, can I sue the father for arrears, interest, etc.? If so, do I have a hope of winning such a case? Is there any precedent?

Thank You for your advice.


Asked on 4/06/06, 8:48 pm

1 Answer from Attorneys
KATHIE SIMMONS KATHIE SIMMONS

Re: can stepfather supporting children sue father for unpaid child support?

NO! Your wife is the only one that has a claim against the children's father and her claim is growing by 10% per year interest. If you think he could pay (he's not in jail or in a full body cast) then consider hiring an attorney to pursue him for contempt (with your wife as the movant). Sometimes the Child Support agencies are completely ineffective but in other cases they just need help and incouragement. If you give them the employer and/current address and call them every month to let them know that the check was NOT in the mail they will sometimes get off their well paid buts and bring the contempt action for you. Thank you for supporting these children.

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Answered on 4/07/06, 12:15 pm


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