Hi, thank you for your question. Just a bit more information required to fully assist you:
-How old are they both?-Do they any children together, if so their ages and proposed arrangements?
-Did he consider the other child his child and did he fully provide for her?-What other assets and pensions do they both have (both sole and joint), together with values?-What are their respective incomes?-Whose name is ***** ***** in?
-What is the value of the property and outstanding mortgage?
-How many bedrooms does the property have?
Thank you for confirming and apologies for the delay in my response.
For him to be legally liable to provide for the step-daughter, the mother will need to prove that he had assumed responsibility for the child’s maintenance, whether he considered her a child of the family and the liability of any other person to maintain the child.
She may therefore be able to make a claim to remain in the home for the benefit of the child - and it will then be down to him to prove that her biological father has the resources to provide for her instead of him
Given the disparity in income, if his wife cannot meet her own reasonable needs then she can also pursue a claim for spousal maintenance to meet any shortfall in income.
He should also be aware that unless he has parental responsibility or has adopted the child, he will not legally be liable for child maintenance and his wife will need to pursue this from the biological father.
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My name is ***** ***** I have been a Family solicitor for more than 30 yearsI am afraid that in fact your son is likely to have to pay maintenance for the child given that he has clearly been supporting her to date as you say that the biological father is not making any payments.His wife cannot use the CSA to ask for maintenance - but she can ask for it as part of a financial Order within the divorce proceedings
In addition the housing needs of the child will be a priority so far as the Court is concerned and he may not be able to force a sale unless he can show that if the house is sold his wife would be able to afford to buy a replacement property
The substantial difference in their incomes certainly makes spouse maintenance for a short period of time a real possibility - but not a certainty