Full question:
I live in Pa and my girlfriend and I are about to move together with a possibility of getting married. He ex husband doesn't pay a dime in support. Somehow he manged to stop the support order. He told her that because he's an alcoholic he doesn't have to pay child support. Me personally I think that he knows someone in the child support office. My question is if she moves in with me with two children and let say we break up three years later will i be responsible for child support to her kids?
- Category: Divorce
- Subcategory: Child Support
- Date:
- State: Pennsylvania
Answer:
In Pennsylvania, step-parents are generally not liable for child support following the end of a marriage, even if they have taken on a parental role (in loco parentis). However, the financial responsibility for children from a previous relationship may be considered when determining spousal support (Drawbaugh v. Drawbaugh, 436 Pa. Super. 57, 647 A.2d 240 (1994)).
In the case of Drawbaugh, the court ruled that a stepfather who had lived with his wife and her children from a previous marriage had assumed a parental role but was not legally obligated to support them after the marriage ended. The court emphasized that a stepparent's obligation to support stepchildren does not continue after the marriage is dissolved unless there is a written agreement to that effect.
Thus, if you move in with your girlfriend and later separate, you would not be responsible for child support for her children unless you had a formal agreement stating otherwise.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.