I was just doing some research for my brother. Here's some brief info: He was 16 when she got pregnant, she was 19. She already has a two yr old. At the time she was pregnant, she told him that he was not he father. She moved out of the state, had the baby, and then called him and said he was. She was friends with my sister before all of this happened and my sister says that she is had a lot of "partners". My brother is only 17 now and her step father is telling our family that he should be saving up the child support for the amount he "owes" her since the child was born. There has been no court orders and she's not even in the state. My brother hasn't even gotten to see the baby. Can he really be charged for a baby that might not be his? And who would have to pay for the DNA test? She's the one has admitted to sleeping around. He is stressing out.
2007-03-01 08:50:51 · 8 answers · asked by Katie K 2 in Family & Relationships ➔ Family
OK, here's a REAL legal answer as I have MUCH experience in this area. First and foremost, WAIT till the mother of the child files court documents against your brother. This is when he should consider the DNA testing.
As far as "saving up" child support right now, u can tell the stepfather to kick rocks and pound sand. In this country there is no RETROACTIVE child support when there is no court order in place. Child support WILL NOT commence UNTIL there is a court order in place. As far as dna testing for the most part.....if she strictly files papers admitting he is the father but doesn't request dna testing it will then be your brothers obligation to seek dna testing for himself at his own expense in response to her allegations. But because he is a minor it MAY be covered by whatever child support enforcement program established in your area. For the most part the ONLY reason she will have to cover that cost is if SHE requests the test and it shows that he isnt the childs father. Thats why most women will only name a male as the father and let the father take it from there. Nothing says she MUST request DNA testing. It will, in most cases, be his burden to prove otherwise. All she needs to do is file paperwork stating he is the father.
As far as the statutory rape.....NOT. No judge nor law enforcment will file against her this late in the game. I have been a cop for 16 years and also worked family court for four of those. Let alone my own child custody issues (in which I have full physical and legal custody of both my children). IT WONT HAPPEN. It would be seen as a move NOT to pay or parent.
So basically your brother needs to WAIT her out until she files against him. When this happens you can email me anytime as to what his next step should be. I hope this helps!!!
2007-03-02 04:57:48 · answer #1 · answered by Papi G 2 · 0⤊ 0⤋
Get DNA testing. If the baby isn't your brothers she will have to pay for the testing. See a solicitor about it all. They will know how to run the testing. If it turns out to be your brothers child you can then set up custody issues so your brother can see the child. And the money will have been well spent on discovering the truth.
2007-03-01 08:59:38 · answer #2 · answered by karena k 4 · 1⤊ 0⤋
She needs to go to court and get a judge to order a DNA test. Until then, your brother owes nothing.
But she can also be charged with statutory rape, as he was underage at the time. In that case, your brother would get custody and she would be ordered to pay him child support.
2007-03-01 09:03:21 · answer #3 · answered by Kutekymmee 6 · 1⤊ 0⤋
If there's no court order, then he doesn't have to pay her anything.... There's just no way of enforcing anything without a court order.... without that, don't even worry about anything else.... one thing at a time....tell him not to stress out.... if it comes down to it, get the DNA test... he should pay for it
2007-03-01 08:57:36 · answer #4 · answered by Anonymous · 1⤊ 0⤋
call the maury show. i am not being rude either. they will pay for the DNA test and then your brother (not to mention the rest of your family) will know for sure and then go from there. i wish your family the best of luck .
2007-03-01 09:14:44 · answer #5 · answered by Anonymous · 1⤊ 0⤋
i comprehend the type you experience. it sort of feels that on the factor of the comparable ingredient got here approximately with my son. it extremely is totally unhappy however the youngster is his. If he pays newborn help this provides him the your best option to be certain his newborn. My son pays 80. each and every week. His ex-spouse moved many miles away whilst they divorced. She re-married. because of fact of his loss of training, run down vehicle, and much less paying pastime me has no thank you to be certain his newborn. He nevertheless consistently pays his newborn help regardless of no rely if circumstances are no longer undemanding. He ought to even see her as quickly as a month. solid success!
2016-11-26 22:44:38 · answer #6 · answered by cordell 4 · 0⤊ 0⤋
if the DNA test is taken and he is the father he will have to pay if he isn't the father she pays
2007-03-01 08:54:50 · answer #7 · answered by just wandering 3 · 1⤊ 0⤋
I think I just answered this, but if he is not on the birth certificate, he is not the legal father...Plus he was underage, and she can go to jail for having sex with him...Threaten her step father with that
2007-03-01 09:01:42 · answer #8 · answered by chelliegirl71 4 · 3⤊ 0⤋