My partner had a baby as a result of a one night stand. When the mother registerd the birth she claimed that she didn't know who the father was. We have his daughter every weekend and he pays her £110 a month and also helps with clothing and shoes etc. without any hesitation. He is willing to support his daughter but now she is demanding more money from him.
As his name is not on the birth certificate has he got any rights?
Can he be made to pay more?
2006-11-30 22:20:39 · 12 answers · asked by Anonymous in Family & Relationships ➔ Family
He pays by cheque so we can prove that he has been supporting his daughter.
2006-11-30 22:33:01 · update #1
We haven't done a paternity test but his daughter is a spitting image of him so we have no doubts she is his.
2006-11-30 22:35:13 · update #2
Well if she can prove that the child is his then yes..... He might have to pay more.... Seeing as how she is asking for more money what a great oppurtunity to get it resloved once and for all Ask to have the DNA checked, that should be interesting especially if the child turns out not to be his...... Just think he might not have to pay anything at all and he could sue her for the money he has already given her......
But if it is his he has to look after the kid... I would suggest that if the mother is finding it a difficulty supporting the child you could try and call her bluff by asking to custody as she is having financial difficulties ...... That might just shut her up.
Alternativly he could just refuse and she would have to go to court...Which could cost her thousands......
2006-11-30 22:39:53 · answer #1 · answered by Fox Hunter 4 · 0⤊ 0⤋
Your partner needs a lawyer. He sounds like a very good Dad. I hesitate to say this but had he had a paternity test done. Is he sure he is the father of the child. If not then he needs to get this done. Next he needs to take her to court and file for joint custody. The court will then decide on the amount of child support he must pay. He should bring records to show how much he has been paying as well as how much he spends on clothing and shoes for the child. The mother can demand all she wants but if your partner has filed all the paperwork she will have to get her own attorney and a judge is not going to just up the money on her say so. If after a paternity test he finds out the child is not his then he may stop paying child support entirely.
2006-12-01 06:30:37 · answer #2 · answered by Anonymous · 0⤊ 0⤋
First of all he does not have to pay anything if his name is not on the BC. She should be glad he is paying anything at all plus helping with other things. Sounds like she just wants more money for herself. Most dads don't even pay child support much less help with the other things the kids need. How does he know she is his daughter if it was a one night stand? I know it can happen but some girls will know they are pregnant and have sex with a guy just to say the baby is his. Have them tested to prove if she is his daughter and if so only the courts can say how much he would have to pay. She may not even be his. If she takes him to court she will have to prove he is the baby's father. Good Luck!!! You know it is sad it is the child that suffers from all of this.
2006-12-01 06:49:06 · answer #3 · answered by d3midway semi-retired 7 · 0⤊ 0⤋
he can demand a paternity test on the girl, and then have his name added to the birth certificate.
Yes, she can get more money from you - and if he has been paying her in cash - he can also be forced to pay back child support from the time of birth.
One of my husbands one night stands (from B4 we were married) showed up after 6 years. And the courts made him pay back child support all the way to the birth.
If she is demanding more money - demand a blood test to determine if he really is the daddy. But be prepared. We were paying 400+ per month and had to take our a loan for the back child support in the amount of over 20K.
The amount is based on Income - so dependant upon what he makes will depend on how much he pays.
Good luck to you.
2006-12-01 06:29:27 · answer #4 · answered by Night Train 2 · 0⤊ 0⤋
If he's not going to deny her (the daughter) then the court will not issue a paternity test.
But a 110.00 a month, whew! that is cheap these days.
The court will look at both incomes, both dependants if any other children living with them, child care expenses if any and then decide.
My ex-husband only makes 7 dollars a hour and he pays over 120.00 a week for two children.
My huband makes almost 30 a hour and he pays almost 800.00 a month. But then again it depends on the above.
2006-12-01 07:04:05 · answer #5 · answered by LC 5 · 0⤊ 0⤋
because he is not named on the birth certificate he does not have any parental responsibilities......ie if she died before the child was 18 he would not automatically get care of her. unfortunately the CSA is not really around any more because he would be looking to pay around 15% of his earnings possibly less because the child stays over night with him every weekend. £110 is not alot a month but then it depends on what he is earning....only you guys know that so you both know whether or not he could pay more? unfortunately he does not have alot of rights as he is not named as the father. Contact a family law solicitor...some offer a free 30 min appt. or try the CAB in your town they are very helpful. good luck x
2006-12-01 06:33:08 · answer #6 · answered by pinkkitten 3 · 0⤊ 0⤋
Yes. I think she can ask for more, but that doesn't mean she'll get it. Try to remember that the child support is just that...for the child. If I were him, I'd make sure my name was on the birth certificate and to do that he may have to take a DNA test which is no big deal. Keep track of everything as you have been doing just to cover yourself. I wish you luck.
2006-12-01 09:06:28 · answer #7 · answered by vanhammer 7 · 0⤊ 0⤋
it is unusual for a man to pay child support these days, you say this man also helps with clothes, and food ! Is the reason thisis man's name isn't on the birth certificate because he is already married to someone else ? I don't think I would demand more money from him, as he is already paying her child support and helping with other expenses. Give him that much credit, it is much more than most will do !
2006-12-01 06:29:37 · answer #8 · answered by txcatwoman 5 · 0⤊ 0⤋
i think the only way she can do that is by getting a DNA test to prove that he really is the father because if shes listed the father as unknown then i don't think she can. I would go ur nearest police station and get the phone numbers for the legal aid providers in ur area it wouldn't cost anything to do this
2006-12-01 07:20:29 · answer #9 · answered by rk 3 · 0⤊ 0⤋
Well first of all have him track the money he gives her by check. If she takes him to court and proves he is the father yes he can pay more if the courts say so. Or he can take her to court, prove he is the father and have guarentee visitation rights.
2006-12-01 06:23:18 · answer #10 · answered by dumpllin 5 · 0⤊ 0⤋