Legal Question in Family Law in Massachusetts

Child Support For A Step Child From Biological Parent

My ex-husband and I are going to court for child support modification, he doesn't want to pay the full amount of what he owes.

He has given me the ultimatum of accepting what he is offering or he will take me to court and sue me for $50,000 for supporting my son while we were married, and after that.

My son is not his biological son and he thinks I owe him money for supporting him.

My question is does he have the right to sue me for support? If he does, what is my recourse to this situation.

Thank you for your time and hopefully your answer to my question.


Asked on 6/21/05, 5:02 pm

3 Answers from Attorneys

Re: Child Support For A Step Child From Biological Parent

MA Law would not require you to repay your Ex-husband for supporting your child during your marriage. However, unless he adopted the child during the marriage your best bet is to negotiate a settlement with him.

If the support you are talking about is related to an agreement he already signed and to which he agreed, that his something different.

If you were divorced in MA I would suggest you contact your original attorney or his firm.

I hope this was helpful.

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Answered on 7/06/05, 9:42 pm
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Child Support For A Step Child From Biological Parent

The BEST recourse is for you to negotiate a settlement, if necessary with a third party arbitrator.

Your EX did not have an obligation to support Your child. Your Ex is asking you to recognize and appreciate that his contributions, for your child, that went above and beyond what was required. Your EX probably views your attitude & posture, as disrepectful in the extreme. For, it is as if you are saying "TUFF." "Yeh, you paid for my kid, so what, that's past, that's no big deal." BUT, you should understand that it is a big deal. And, you should try to give him some slack. Of course if your child/ren no longer need their father to continue to be involved in any capacity beyond what is required by the court, you can continue along the path of insisting upon "every dime" your second child may be entitled to receive under the statute.

Please understand that your current thinking will primarily hurt your children, in a ways you cannot yet imagine.

Good luck,

Phroska L. McAlister,ESQ

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Answered on 6/25/05, 4:16 am
Jean Mahserjian Jean M. Mahserjian, Esq., PC

Re: Child Support For A Step Child From Biological Parent

Your question indicates that it involves NY and MA law. I can only address NY law. If your husband provided support for his step son while married, that is considered a gift. He can not take you to court to seek a reimbursement.

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Answered on 6/21/05, 5:12 pm


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