When most people think of child support, they think of the legal obligation of a biological parent to financially support the child at least until the child is 18. That is generally true regardless of whether the parents had been married for decades or the parents had a one-night stand and never spoke again. But what about a situation in which the child was adopted by a stepparent or domestic partner, or even through an agency? And what are the legal obligations of the biological parent who is now out of the picture in a situation where an adoptive stepparent and biological parent later divorce? The rules as they apply in California are described below.
By Adopting a Child, a Parent Assumes the Obligation to Support the Child
Again, biological parents of a child both have a legal obligation to financially support that child until the child is an adult, and this is true even if the parents were never married. When a new person marries a custodial parent of a child (the parent with whom the child lives), that person does not automatically assume the legal obligation to financially support the child.
Of course, many stepparents assume that obligation voluntarily as part of starting a family but it is not an obligation that can be legally enforced either during the marriage or after a divorce. Thus, if a stepparent and a biological parent divorce, the biological parent cannot seek child support from the stepparent if the stepparent did not adopt the child.
But if the stepparent does adopt the child through a stepparent adoption, the stepparent does assume the legal obligation to financially support the child during the marriage and after the divorce, and the custodial parent can seek child support. The stepparent, however, can also seek custody of the child as the legal parent of that child.
A Biological Parent Must Support a Child Post-Marriage, Absent an Adoption
Conversely, where a custodial parent remarries, the biological parent may still have an obligation to pay child support even though there is a new stepparent in the child’s life, unless and until an adoption by the stepparent occurs. That said, having another adult providing care for the child may constitute grounds for seeking a modification of the child support award being paid by the biological parent.
Again, if the stepparent does adopt the child, this will terminate the non-custodial biological parent’s legal obligation to pay child support. At the same time, however, that parent will no longer have any parental rights with respect to the child, meaning that party cannot legally seek custody or visitation rights.
All parties potentially affected by a stepparent adoption should speak with a California family law attorney to determine their rights and options.
For any questions on family law in California, contact the Law Office of Kelly Finan today to schedule a consultation to discuss your circumstances.