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Child support when not tried to see child in 4+ years

Asked about 3 years ago - San Francisco, CA

my husband has not tried to see his son in over 4 years. about a month ago the mom called and asked him to release his reights then we get papers for child support. is there anyway of fighting the order since he hasnt tried to see his son in a long time and when he did years ago the mom doesnt want him to contact him? he is now married and has a son with me. he never married her

Additional information
we are in oregon she is in san diego. she wont let him see the child

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Attorney answers (1)

Gabriel Cheong

Reputation Level 15

Answered about 3 years ago. Child Support Lawyer in Quincy, MA.

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You didn't say which state you were writing from and without knowing that, this will only be general information. Each state has their specific set of domestic relations laws.

Generally, even if your husband hasn't seen his son in over 4 years, he will still have to pay child support if ordered to do so. Him visiting or seeing the child has nothing to do with child support. Whether or not he married the mother or not has nothing to do with child support. He can chose to not see the child but he cannot refuse to support a child that he helped bring into this world.

He has the right to relinquish parental rights to the child, but he will (and should) pay child support. It is the right thing to do.

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