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My 23 year old has traumatic brain injury and his girlfriend got pregnant.

New Milford, PA |

My son will soon get a settlement from the traumatic brain injury and his girlfriend got pregnant on purpose; so she can get some of his settlement money. Is he liable for the baby? Is she able to collect even though she knew of his medical condition?

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Attorney answers 12

Posted

He would be responsible for the child. you should talk with the lawyer who handled the clam.

Posted

Your son will be responsible for the baby. Consult your attorney regarding the settlement proceeds and the issues related to the baby. You may need to consult a family law attorney regarding the child as well. Good luck!

Posted

If its his child, he will have to pay child support. Speak to his personal injury attorney about the proceeds of the injury claim and I would schedule a consultation with a family law attorney right away too.

The information provided herein is for informational purposes and should not be construed to establish an attorney client relationship. To establish such a relationship, the prospective client would need to meet with me in person, and have a detailed discussion about all the facts and circumstances surrounding your case.

Posted

He should get a top-rated Avvo lawyer with a low contingency fee, so he doesn't get hurt twice.

Posted

As stated above - he would be responsible for the child, as any father would. This should be discussed with his lawyer and possibly a family law attorney.

Joseph L. Ciaccio is a New York attorney with the Law Offices of Joseph M. Lichtenstein, P.C. (medicalattorneyny.com). The answers posted herein are not legal advice and do not create an attorney-client relationship.

Posted

The question seems to miss the fact that you are going to have a grandchild. Regardless of the mother's motives, your son is going to have a child. Even if the mother's motives are not pure, the child should not suffer.
Moreover, unless the conduct that gave rise to the situation was non consensual ....
Having said that, a lawyer can help your son make sure that he is treated fairly by the family court.

This answer contains general information only; and it is not intended as legal advice. It is not intended to and does not create an attorney client relationship. Information contained here is only a starting point and you should consider discussing your specific problem in depth with a licensed attorney.

Posted

The girlfriend would have no rights to the settlement proceeds, but your son would be responsible for child support. He should consult with a family law attorney to determine what he might be faced with.

Posted

As stated by my colleagues, your son will be responsible for his child, he must consult with the lawyer who handles the claim regarding the settlement proceeds and he should contact a family law attorney right away.

Posted

I agree with my colleagues, my suggestion is you speak to a family lawyer and determine your sons options. Best of luck.

The above answer is for information only; and does NOT constitute legal advice. This answer does not constitute, nor does it create, an attorney-client relationship between KaplunMarx, PLLC, Theodor Kapun and any receiver. The information provided on these pages is general only, and you should not act upon this information without consulting with a qualified attorney.

Posted

The girlfriend has no rights to the settlement, but your son is responsible for child support as any responsible parent is.

Posted

Your son is responsible for the child and the support of the child. If his brain injury makes it impossible for him to work full time he might also be eligible for Social Security Disability, but if he is going to file he needs to know that Social Security does have deadlines and waiting to file a claim can cost him a great deal of back benefits.

Also a child receives benefits based upon a parent's disability award and those benefits do not decrease the parent/claimant's benefits. Often those benefits are accepted by many courts as being the proper amount for child support payments.

I assume your son has an attorney, so taking these questions directly to that person would make the most sense.

Posted

Yes, your son will be responsible financially for the baby. He will have to pay child support. However, it would be a good idea to retain a family law attorney to make sure he is properly represented in the case.

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