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Question
Posted by: Euly | 2012/02/22

Child Maintanance

Hi! My husband and I are married in community of property and he had a child outside our marriage whom he is supporting. Now he is laid off at his job and I am told that it will be my responsibility as his wife to support the child. How correct is that?

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Our expert says:
Expert ImageFamily law expert

Both parents do have a responsibility towards the maintenance of the child. If one parent does not have an income the duty shift to the other parent. However, in circumstances you may claim against the paternal grandparents.

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Our users say:
Posted by: family law expert | 2012/02/25

Both parents do have a responsibility towards the maintenance of the child. If one parent does not have an income the duty shift to the other parent. However, in circumstances you may claim against the paternal grandparents.

Reply to family law expert
Posted by: G-Dad | 2012/02/22

Nope, he have to go to the maintenance court and get the maintenance order canceled.
You are not the child''s biological parent and therefore has no responsibilities towards the child, the only way you can be financial responsible, is when you adopted the child.

It is important that hubby get the maintenance order canceled, else she can nail him later with interest.

Reply to G-Dad

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