Would i pay child support.

Asked over 1 year ago - Edison, NJ

My wife and I always had bad relationship. We both realized that and did not want to have kids. Couple of months ago my wife stopped taking birth control pills without telling me. She is month and a half pregnant now. She never consulted me about getting pregnant. Month and Half in pregnancy we are about to get divorce. If she plans to keep the child, would i have to pay child support. I never wanted the child with her to begin with.

Attorney answers (6)

  1. Leonard Roy Boyer

    Pro

    Contributor Level 16

    3

    Lawyers agree

    Answered . Whether or not you wanted the child and whether or not your wife didn't tell you that she stopped taking birth control pills is irrelevant. If you are the child's biological father, you have to pay child support if you are divorced or separated. I agree with the answers of my colleagues. Good luck.

    Without meeting with you, and knowing all the facts and circumstances of your case, my opinion is not to be... more
  2. Robert H Goodwin

    Contributor Level 7

    2

    Lawyers agree

    Answered . I agree with my fellow Avvo colleagues. In family court in New Jersey (Middlesex County), neither a hearing officer nor a Judge would inquire whether or not you had been informed in advance of your wife's intention to become pregnant. Rather, once it is determined that the child was born "of the marriage", child support will be calculated in accordance with the applicable child support guidelines. You will be obligated to pay child support until your child ceases to be a living being or is emancipated.

    Only general information is being offered. To obtain legal advice on a specific issue, consult with a licensed... more
  3. Bhavini T Shah

    Pro

    Contributor Level 3

    2

    Lawyers agree

    Answered . You should always have a consultation with an experienced attorney to review all of your facts as each case is determined on a case-by-case basis. The general rule is that child support is the child's right and not the parent's right. Therefore, regardless of whether you did or did not want this child, your obligation will exist and continue to exist until the child is emancipated.

  4. Reid A Seino

    Contributor Level 15

    3

    Lawyers agree

    Answered . Like it or not, there is little you can do if she decides to keep the child and it is presumptively yours. The courts tend not to wade into such matters as "I didn't want to have a kid with her!" because it becomes an argument not on legal grounds but personal choices. Instead, the law will attempt to take a cold, detached view of things and say that if she is pregnant, and married to you, you are presumptively the father and the law wants to provide for the child. Ergo, child support comes into play.

    What you may want to do is to look for an attorney, if you not already have one, because the issue of child support will come and come soon. You want to make sure your divorce is set up correctly to account for what you will be likely paying in support once the child is born. You can find one either on your own (through this website, for example) or through a referral from the NJ Bar. There's not much you need to worry about now simply due to the fact the child isn't born. Still, can't hurt to be prepared and the NJ lawyer would know best how to advise you on it.

    This answer is provided as a general opinion to a question posted on an internet forum. This does not create in... more
  5. Jeffrey Alan Kerstetter

    Contributor Level 12

    1

    Lawyer agrees

    Answered . Welcome to the wonderfully strange world of reproductive rights in America, where only the woman gets a say in whether or not a child will be carried to term and where if she decides to do so, even though you did not support the decision and had no say in it, you will be required to pay child support.

  6. Jay Bodzin

    Contributor Level 20

    2

    Lawyers agree

    Answered . Yes. If you have sex with someone, you assume the risk that they will get pregnant. Whether you want the child is irrelevant. Child support laws exist to ensure that all children are cared for, not to punish the parents.

    That said, you will have the right to seek custody and parenting rights with this child. If you get primary physical custody, she could end up paying you child support instead (though this is extremely unlikely for a very small baby).

    Please read the following notice:

    Jay Bodzin is licensed to practice law in the State of Oregon and... more

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