29 votes
Accepted

How does one prove paternity if the father has an identical twin?

Can Alice still get child support, or will she be denied because she can not definitively prove which man is the child's biological father? The legal standard is a preponderance of the evidence (i.e. ...
ohwilleke's user avatar
  • 213k
26 votes
Accepted

If a man is raped, resulting in pregnancy, and the woman chooses to carry the child to term, is the man still responsible for child support?

united-states The treatment of how paternity is handled in cases of rape, from which child support and child custody determinations flow, varies by U.S. state in the United States as a result of an ...
ohwilleke's user avatar
  • 213k
22 votes

If a man's name is on the birth certificate, but all were aware that he is not the blood father, and the couple separates, is he responsible legally?

british-columbia Parentage For all purposes in British Columbia law, a child's parent is the person determined under Part 3 of the Family Law Act (see s. 23(b)). Outside of the context of assisted ...
Jen's user avatar
  • 54.8k
21 votes

If a man is raped, resulting in pregnancy, and the woman chooses to carry the child to term, is the man still responsible for child support?

There is a substantial pattern of decisions to the effect that a male, being an underage minor legally incapable of consenting to sex, who fathers a child is still responsible for child support ...
user6726's user avatar
  • 215k
21 votes
Accepted

Are you out of the woods if you pay a lump sum child support?

I am not aware of any U.S. state that allows amounts owed for future child support to be paid in a lump sum that cannot be modified in the future if there is a change in circumstances (e.g. increased ...
ohwilleke's user avatar
  • 213k
19 votes

If a man's name is on the birth certificate, but all were aware that he is not the blood father, and the couple separates, is he responsible legally?

colorado The couple separated and she now is trying to threaten him with having to keep the kids 50% of the time and pay child support and they're not even really his children. Can she do this? Yes. ...
ohwilleke's user avatar
  • 213k
16 votes
Accepted

Does Bob have a case if he ends up paying child support due to Alice's deceit?

canada In Canada it all depends on whether it is Bob or Alice who is female. If it is the male who lies about the use of contraception it results in sexual assault (R. v. Hutchinson), and in the case ...
David Mulder's user avatar
  • 1,210
16 votes

Can a woman living in Brazil collect child support from someone in the United States?

Can a woman living in Brazil collect child support from someone in the United States? Yes. There would need to be first, a legal establishment of paternity if that is not already in place, and then ...
ohwilleke's user avatar
  • 213k
13 votes
Accepted

Can a marriage be dissolved between Alice and Bob under California law?

If both parties are legal, permanent residents of California, their marriage is recognized under Californian law no matter where it originated (provided that the marriage doesn’t violate Californian ...
Jack Edwards's user avatar
11 votes
Accepted

Stealing a wealthy man's sperm to collect child support

If we restrict ourselves to legal options, he can hire a lawyer, which is what he should have done rather than "ordering a DNA test". As a general rule, the minute you get served with a ...
user6726's user avatar
  • 215k
11 votes

If a man's name is on the birth certificate, but all were aware that he is not the blood father, and the couple separates, is he responsible legally?

australia A person is presumed to be a father (with all the rights and liabilities this entails) if the: person is named as the father on the birth certificate or adoption certificate person signs a ...
Dale M's user avatar
  • 209k
9 votes
Accepted

Can a father not have responsibility for child-support?

The first step is for the parents of the child to seek a court order for child support. This would be based on your friend being the actual father, and the non-mother not having adopted the child (...
user6726's user avatar
  • 215k
9 votes

If a man's name is on the birth certificate, but all were aware that he is not the blood father, and the couple separates, is he responsible legally?

germany German law says, in §1592 BGB: The father of a child is the man 1.  who is married to the mother of the child at the date of the birth, 2.  who has acknowledged paternity or 3.  whose ...
Guntram Blohm's user avatar
8 votes
Accepted

Is responsibility for a child based on genetics?

The legal responsibility to support a child arises from "parentage" and not "genetic relatedness", therefore one of two identical twins will not be assigned such responsibility ...
user6726's user avatar
  • 215k
7 votes

Does Bob have a case if he ends up paying child support due to Alice's deceit?

united-kingdom In the United Kingdom Bob would likely not have a case, as lying about fertility is not a cause for consent to be vitiated (negated). The leading case in this is from 2020 where Jason ...
David Mulder's user avatar
  • 1,210
7 votes

What would happen if this would to happen in a paternity case?

There are a couple of flaws in your hypothetical. Nobody, certainly not the state, represents the birth records as inerrant or complete. Birth records frequently have to be corrected. In fact the ...
Charles E. Grant's user avatar
7 votes

Does Bob have a case if he ends up paying child support due to Alice's deceit?

Bob may have a case against Alice, but not related to the expenses. Depending on the jurisdiction, he may have exclusive rights on his genetic material. This is an important point in in-vitro ...
fraxinus's user avatar
  • 1,299
6 votes

Do child support payments apply in the case of a paid sexual encounter?

In the UK, the law applicable to liability for child maintenance does not restrict it to children conceived in 'normal', conventional, or ongoing relationships. A biological parent has specific legal ...
Michael Harvey's user avatar
6 votes

How does one prove paternity if the father has an identical twin?

british-columbia In British Columbia, Part III of the Family Law Act says that the child's parents are the birth mother and the child's biological father. Outside of the context of assisted ...
Jen's user avatar
  • 54.8k
5 votes
Accepted

What constitute as income when calculating child support?

In California, everything that counts as taxable income for federal purposes, and then some. The form is here, the corresponding explanation is here starting p. 18. It includes things that are income ...
user6726's user avatar
  • 215k
5 votes

Can you have contract involving Child Support?

No Such a contract would be an attempt to evade the court order mandating a given level of support, and would not be enforceable. However it is not the case that no contract can deal with Child ...
David Siegel's user avatar
5 votes

What would happen if this would to happen in a paternity case?

A government official cannot provide a legal document that you are not legally any child's father, at best they can provide a document that does not state that you are the father, or that states that ...
user6726's user avatar
  • 215k
5 votes

If a man's name is on the birth certificate, but all were aware that he is not the blood father, and the couple separates, is he responsible legally?

washington Depending on specific facts, Q (the man in question) is legally a presumed parent under RCW 26.26A.115 because "The individual resided in the same household with the child for the ...
user6726's user avatar
  • 215k
5 votes

Infidelity and child support

For clarity, in a divorce case in New York State involving children, the judge typically decides: (1) child custody, (2) child support, (3) alimony, (4) division of the couple's property, and (5) ...
ohwilleke's user avatar
  • 213k
4 votes

Under what circumstances can a man avoid paying child support for his "stepchildren?"

My understanding is that if the second husband adopts the two children, he will be on the hook for child support. But suppose he doesn't. Is the second husband then liable for child support? No. The ...
ohwilleke's user avatar
  • 213k
4 votes

Is responsibility for a child based on genetics?

No Genetics has little to do with it, the legal definition of parenthood is relevant. If a woman is married or lives in a marriage-like situation with a male person, then that male is presumably the ...
Trish's user avatar
  • 39.4k
4 votes

Retroactive Child support across country lines

Is it possible/feasible for the child to retroactively sue the father for the child-support that was not paid throughout the 90s and 2000s? No. Child support is owed to the custodian parent, not the ...
Hilmar's user avatar
  • 1,323
4 votes

Do I have to pay child support if we are just dating and not married?

Do I have to pay child support if we are just dating and not married? We are not planning on having a child, but what if by some odd chance she gets pregnant? Does it depend on where I ...
ohwilleke's user avatar
  • 213k
4 votes
Accepted

How to get a parent to pay child support?

What are the possible steps to enforce child support payments? (This is in the state of Georgia, USA.) I prefer approaches that do not involve paying an attorney, since that fast becomes expensive and ...
ohwilleke's user avatar
  • 213k
4 votes

Do child support payments apply in the case of a paid sexual encounter?

Child maintenance is not meant for the mother, it is meant for the child. The fact that you are the father of the child implies that you are responsible for some of the cost of raising the child. It ...
gnasher729's user avatar

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