If my wife already had achild before we married, Will they play any role in the divorce?

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If my wife already had achild before we married, Will they play any role in the divorce?

I’ve been married for a little over a year. My wife and I are now getting a divorce. We agree on how to separate everything. The only question I have is she had a kid before we married, so will the kid play any role in the divorce? I also did not adopt the kid.

Asked on August 7, 2011 California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your situation.   It is good, though, that it seems to be an amicable split.  The courts prefer that parties work the division of property out between them rather than having to order it.  AS for her child, you should not be obligated to pay child support.  She is not your biological child and you did not adopt her.   The only glitch may be is if the child is being supported elsewhere. Let me explain.  Is her father paying support? I have seen some decisions where a court will order support if there is a chance that the child will be destitute or become dependent on state aid.  Seek legal help in your area.  Good luck.


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