Legal Question in Family Law in New York

Re: Am I responsible for my step children financially

Support regarding a stepparent is set forth in Slochowsky v. Shang, 67 A.D.2d 926, 412 N.Y.S.2d 923 (2nd Dep't 1979) affd. 48 N.Y.2d 887, 400 N.E.2d 1348, 424 N.Y.S.2d 896 (1979).

In general, a stepparent is not required to contribute support unless the children are in danger of becoming public charges.

"In New York State, a stepparent is liable for the support of stepchildren only, if they are in danger of becoming public charges (Family Ct. Act, s 415; Social Services Law, s 101). Since this duty of support is not of general applicability, a New York stepparent does not qualify as a parent under the first sentence of 45 CRF 233.90(a) (Matter of Slochowsky v. Lavine, 73 Misc.2d 563, 342 N.Y.S.2d 525, Supra )."

There are certain exceptions to the rule. A stepparent may be chargeable with support if the children are on public assistance. And finally, under New York law, a stepparent's income may be considered to the extent that he actually contributes to the needs of his stepchild. Dora T.J. v. Jean-Paul A.S., 224 A.D.2d 420, 637 N.Y.S.2d 476 (2nd Dep't. 1996).

Mike

Re: Am I responsible for my step children financially

As Lawyer Markowitz aptly explained, one is generally not liable for support of a stepchild.

Re: Am I responsible for my step children financially

In general stepparents are not responsible for stepchildren unless they become the legal adoptive parent or if the stepchild is likely to become a public charge to wit go on welfare. you may contact my office for more info @718-834-0087

Re: Am I responsible for my step children financially

These questions always refer to difficult and stressful family situations. Often the marriage is put under great stress. A child for this purpose includes any person younger than 18. A parent includes a natural parent, an adoptive parent, and guardian. A mere step-parent may not have any legal obligations to a step child of any age at all. You are welcome to a consultation for no charge at my offices at 42 west 44th st, ny,ny. Please call for an appointment first - 646-591-5786.