My boyfriend has been seperated from his x girlfriend for over 7 yrs. In the last 2 yrs she has brought against him an order for support in the family court. He is a biological to one of the children but not the second. She is indicating he was an acting father to the child and he should be responsible for the child support. The biological father is getting off free. He is racking up legal fees which he has no money to pay to fight this issue. He had't been involved in either of the childrens live for 5 yrs after the relationship ended. The mother wouldn't allow him access to his child let alone his non biological child. She is on legal aid and all her expensise are covered but there is no justice system for him. He has resolved access and support for his child however she is still tying up the courts time and the expenses of legal aid. As advised by the judge "he should agree to disagree and pay her the support as it would be less expensive for him the the long run."
2007-02-17 14:05:12 · 6 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
If he is not the biological father they can't make him pay child support!
"Acting Father" is not a legal term!
He needs to file a motion indicating that he is not liable for any support to the child which is not his! It is in the law! That is why they quit allowing women to put anyone's name on a birth certificate as a father!
He should ask the court for an appointed attorney, or seek a pro se one threw the BAR Association!
And the judge should be disbarred for giving him that type of advice! Judges aren't allowed to give that kind of advice, and he isn't telling the truth anyway! I would report him to the Supreme court in your state if that is what he gave as advice! He know's that he is not liable for child support!
2007-02-17 14:16:54 · answer #1 · answered by cantcu 7 · 0⤊ 0⤋
Excellent thought. I have said though that I think it is NOT the AP's responsibility to help the bio families, it is no more their responsibility than anyone else on the street. It is, however, ALL of our society's responsibility to do what we can to create conditions that people who can, want and are able (by able I mean not addicted, not abusive etc.) to raise their children can do so. This is by having a good social infrastructure, and to rid of some of the for profit incentives and other stuff going on in the US. If financial assistance for bio parents from AP's were the norm, I think that would for sure look like AP's are purchasing or bribing for the children. And we can all agree that is a BAD idea. Good question!
2016-05-24 00:24:40 · answer #2 · answered by ? 4 · 0⤊ 0⤋
this is an issue that is coming up more and more, since dna testing proves paternity.
There are instances where non biological fathers have been forced to pay support, and there are also moves going on to put a stop to it.
If nothing else.. I would personally file a complaint concerning any judge who pressures someone to do something that he should not be legally obligated to do.
2007-02-17 14:54:58 · answer #3 · answered by wendy c 7 · 0⤊ 0⤋
I am a little confused at why you need to ask this question if your boyfriend has an attorney. If the attorney does not specialize in family law, you should, at the very least, consult with an attorney who does specialize in this area of law. Usually a consultation has a minimal fee, but it may be worth it to determine the proper course of action. Unfortunately, there aren't too many resources available to men in the family court. Search the Internet for as much info as possible and see if there is a local or state branch of a fatherhood rights group in your area. They sometimes have referrals to attorneys and more information.
2007-02-17 14:24:18 · answer #4 · answered by Mark B 1 · 0⤊ 0⤋
Well all he has to prove is he's not the fater of that child. Now if he was there when the child was born and took responsiblity well that could turn out different. But the child that is his well yes he should pay and the father of the other should pay
2007-02-17 14:16:30 · answer #5 · answered by sally sue 6 · 0⤊ 0⤋
i highly suggest that he should seek a lawyer who is willing to help him. I know they cost money, but they can save him money too. I do not have experience in the situation of child support, but I did just get out of a lawsuit dealing with inheritance issues. Your boyfriend needs to make a legal documentation about who he wishes to inherit from his estate. It could save you and those children a lot of headache and heartache in the future.
2007-02-17 14:24:39 · answer #6 · answered by lala 2 · 0⤊ 0⤋