
05-13-2008, 05:06 AM
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Senior Member
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Join Date: Nov 2006
Posts: 877
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Quote:
Originally Posted by bugjun
My daughter is 22 not wking and 4 mo's along w/ her ex-boyfriends baby. He is insisting that he will support her anymore. Which he is not being asked to do by her, but she is in need of money to help support her and the child she is caring. As far as a place to live she will be staying w/ me and has medical to cover the birth and will get WIC and food stamps. He is saying that he will not send her any money to help w/ support of the child until the child is born. Doesn't he have to help w/ the support money NOW. We live in California
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No---he doesn't have to pay to support her since, first of all, they aren't married, and secondly, there is no way to prove the child is even his at this time. While it would be nice if he did, there is no law compelling him to do the same, unless they were married, then a judge may order her to be carried on his insurance or something like that.
However, after the child is born, whether or not he says he will pay, the court can and will order him to pay---not for your daughter, but for the child. What he says he will do is irrelevant---but the only way to legally make sure the child receives support is to petition the court for child support, and have an order in place whereby he must pay, or he will be held in contempt and possibly jailed for noncompliance. An aside note---make sure she names him as the childs father on the birth certificate--failure to do so will only result in her doing without more support while a paternity test is ordered and the process of amending the birth certificate at a later date is required.
It is a shame that taxpayers have to support another unplanned child as a result of irresponsible actions on the part of two immature adults, but you are to be commended for your part in helping and being supportive of the best interest of the child. Twenty two is hardly an adolescent. Hopefully, your daughter will find work, and the father will be ordered to pay child support so you and the taxpayers will not have to carry this burden alone.
Good luck.
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