Do unwed fathers, who file for paternity have to pay child support ?

Asked 8 months ago - Smyrna, GA

I am in a relationship - not married - have 2 kids. We have a house. He works, I am not. I am a full time mom. He moved out six months ago and only gives me 1,200 a month. He makes 10K a year and recently said he will give me 850 a month because he is tired of giving that amount of money. So he said if he files for father paternity, he will not be forced to pay child support and if he had to pay it, he said he would pay $650 per child, which I think is not true. He said because he pays the mortgage, the electric and gas, and water it will end up he will not have to give me anything. So what is true? am I right or is he? Will he be forced to pay child support once he files the papers ? oh he is on the birth certificate for both kids. I am on the deed of the house.

Additional information

my kids do sports activities, which is expensive and the food and clothes add up too.

CORRECTION: it is late when I wrote this. I mean 10,000 a MONTH not a year lol. sorry about that.

Attorney answers (3)

  1. Glen Edward Ashman


    Contributor Level 20


    Lawyer agrees

    Answered . If he only makes $10,000 a year as you say, your support will likely be far lower when set by the court. You may want to check your figures, because that is far less than minimum wage, and he is paying you more than 100% of his salary as you report it.

    Regardless of whether he files for legitimization or not, you have a right to file for child support, and you need to sit down with a lawyer, find out what he really makes and determine what is best. Noe that since you chose an illegal relationship rather than marriage, he has not duty to pay your mortgage and utilities and in choosing not to be married, you lost the ability to seek that. But you can seek support regardless, and since I suspect you have been terribly confused by obvious financial misinformation from him, you have all the more reason to see a lawyer ASAP.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to... more
  2. Paula Jeanette Mcgill

    Contributor Level 17


    Lawyer agrees

    Answered . The first rule you should follow is to not take legal advice from your children's father. If he hires an attorney, don't take legal advice from that attorney. You should hire an attorney as soon as possible to protect the interest of your children.

    If you don't work and maintain physical custody of the children, based on his income, he will pay more than $850/month. If you were not married and both of you are on the deed, you are simply tenants in common. If you want to stay in the house, you will have to come to a separate agreement regarding the house.

    If you want to discuss this further, you can schedule a meeting in my Marietta office. Click my name for contact information.

  3. A J. Williams


    Contributor Level 15


    Lawyer agrees

    Answered . If he files for paternity, he will end up paying child support. At his income, that is inevitable. He will likely pay more than what he thinks, as the basic child support obligation for his salary, and two kids, is $1749. Below is the link to reach the Georgia Child Support Calculator.

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