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Child support related to minors w a baby

Discussion in 'Child Support' started by G lee, Apr 28, 2018.

  1. G lee

    G lee Law Topic Starter New Member

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    Jurisdiction:
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    My son’s baby is due mid May without an actual given due date. He is 17 and she is 16. Her parents have stopped all communication between the two and no information/communication is happening between us and them. I’ve tried to reach out to her parents and he to her for last couple of months. What are my sons rights now, at birth, and after? Does he have to wait to prove paternity if they are uncooperative? If so how does he do that when he won’t even know when baby is born?

    My son is 17 and the mother of his baby due in May is 16. A Sr and Jr next school year. When he establishes his rights will he at this age be ordered to pay child support? Even if custody is 50/50?
     
  2. army judge

    army judge Super Moderator

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    If I were you, stop contacting the parents.

    Why?

    It could cause legal trouble for your son.

    How?

    The girl is a minor.

    Need I say more?

    Just leave the girl and her family alone, and advise your son to do so, too.

    There will be a better time to address this matter.

    Stop POKING the bear, for your son's sake.....


    Yes, an unmarried male PROVEN to be the putative father of a child can be held accountable to pay child support.

    However, if he has no income, the child support would be a minimum amount.

    In Ohio for one child, the charted child support amount is about $6,500 per year.

    If the putative father is ordered to pay support, he must pay $4,875 per year, or 75% of the charted amount, if he earned 75% of total combined parental income.

    It is complicated and my numbers are only meant to illustrative of a fictional scenario.

    If your son will be attending high school, his income will be nil or minimum wage.

    If he elects to matriculate to college, he might have little or no earned income for four years.

    The child support meter will still be ticking and a debt accruing.

    You should suggest to your son to have a paternity test done prior to going TOO far down this slippery slope.

    If he isn't the father biologically, it is best that he know it NOW rather than in five years.

    How child support is calculated in Ohio:

    ODJFS Online | Office of Child Support

    https://support.franklincountyohio....s/ocda-faq-guidelines_Franklin-bookletPDF.pdf

    Ohio Child Support Chart

    How is Child Support Calculated in Ohio? Use our Calculator

    One final note for the moment.

    You and your son should consult a family law attorney so that he (and you) can learn just what the law requires of unmarried males who father children.

    There will be visitation for your son, eventually, once he has proven his paternity.

    For the next three or four years, he can forget custody, if he is the putative father.

    That is why a consultation with a family law attorney near you would be useful.

    Normally the initial consultation is offered gratis.
     
    hrforme likes this.
  3. army judge

    army judge Super Moderator

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    An unmarried male who BELIEVES he might be the father of a child has no parental rights until he goes to court to establish same.

    All unmarried males who believe a child might be their issue should move to have a paternity test done at the first available opportunity.


    Yes, paternity must be established.

    I suggest you and he do nothing until the baby is born.




    Local newspapers normally announce births.

    If that doesn't happen, he waits until contacted by your state's child support enforcement agency.

    He should NOT sign a birth certificate (if asked), until AFTER a court ordered paternity test has proven he is the biological father of the child.

    In Ohio, this agency oversees establishment of paternity, read on fo rmore:

    ODJFS Online | Office of Child Support
     
  4. cbg

    cbg Super Moderator

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    What are my sons rights now, at birth, and after? He has none. Until after paternity has been established by the court, he has no rights at all.

    Does he have to wait to prove paternity if they are uncooperative? Yes. He would have to wait to prove paternity even if they were cooperative.

    If so how does he do that when he won’t even know when baby is born? He can put his name on Ohio's Putative Father's Registry.

    ODJFS Online | Putative Father Registry

    Do not even imagine that he will get 50/50 custody. He may get joint custody but it won't be 50/50 physical custody. That's simply not going to happen.
     
  5. mightymoose

    mightymoose Moderator

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    He could get visitation, but custody is pretty much out of the question.

    Personally I don't think he has any legal worries regarding the girl's age. They are both minors and their ages are in a range where it is not typically defined as criminal. I did not look up the law in your state but would be surprised if there was anything to worry about. They would both be guilty of the same offenses if so.

    He may not know a due date, but you certainly know a past due date. Once you know the child had been born you can take action to establish paternity. It can't be done until the child is born.
     
  6. leslie82

    leslie82 Well-Known Member

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    Your son has zero rights - and he will not have any rights after she gives birth unless he goes and establishes them in court. If he does that, he'll have to take a DNA test and if that is his kid he'll then be ordered to pay child support. It doesn't matter how old he is - when kids want to do grown up stuff they get to have grown up responsibilities.

    Who said there would be shared custody? Just because paternity is established, it does not automatically mean that the father has custody or visitation rights with the minor child. The same goes for father's who have been ordered by the Child Support Enforcement Agency to pay child support. Once paternity is established, it is necessary for the father to petition the Court for custody, shared parenting, or parenting time. So he has to file for custody or visitation - who is going to pay for that? You? Him? Are you ready for all this? Is he ready?

    Honestly I would stop trying to contact that girl's parents. Even if they don't tell him when the baby is born, once that girl has the baby and the minute she goes and files for some type of assistance, they'll ask her who the father is and then they'll find your son and he'll get a child support order.
     
  7. leslie82

    leslie82 Well-Known Member

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    Age of consent in Ohio is 16. The girl is 16 and he's 17. They're both minors and both able to consent to sex.
     
  8. leslie82

    leslie82 Well-Known Member

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    Newspapers only announce births if someone sends it in to the paper. I have yet to find a birth announcement in any paper for my daughter because I never sent one in to any. I know for the paper I interned at someone has to submit it for births, anniversaries, deaths, etc.
     
  9. mightymoose

    mightymoose Moderator

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    No telling their age several months ago, and who knows how long they were active before she became pregnant.
    Typically it will require more of a gap in ages to get a criminal charge. This won't result in anything. This is all civil/family court stuff.
     
  10. ElleMD

    ElleMD Well-Known Member

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    So, they are still a sophomore and junior in HS. Grand. I imagine her parents are less than thrilled with you and your son right now and are busy trying to figure out how to deal with supporting their kid who is about to give birth and still has 2 years of HS to go. You need to take a backseat. Right now they are the ones with all of the legal and financial obligations and have an even more hormonal and very pregnant child on their hands. You don't get a vote. You've presumably alerted them already that you are available to offer whatever it is you are willing to offer and they are aware of that. You have had a child (I presume). How welcome was badgering from your mother in law about pretty much anything when you were 8 months pregnant??

    If you want to help your son, you can have him talk to a family law attorney about what he should/possibly could expect after the baby arrives. Discuss the options he has with him as a family and be prepared to support him in whatever he chooses to do, based upon whatever the girl chooses to do. It seems clear that he is no longer the Romeo to her Juliet and whatever the future holds, counseling for him to deal with the break up of the relationship and his having fathered a child would also be a good idea. His school guidance department might even have a support group for teenage fathers.
     
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  11. zddoodah

    zddoodah Well-Known Member

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    Like everyone else, your son has dozens of legal rights, and attempting to compile lists of rights would serve no useful purpose. Your son has no legal rights regarding his (apparently ex-) girlfriend's child until and unless paternity is established and a court enters an order allocating parental rights between them. You can consult with an attorney now to see if anything can be done before the child is born, but any legal action likely will have to wait until after the child is born.

    The chances that your son will get anything more than visitation while the child is an infant are pretty well non-existent, so it is a virtual certainty that he will be ordered to pay child support.

    The one thing we know for sure is that the OP's son is under the age of 18. Therefore, he cannot have been guilty of "statutory rape" under Ohio law, regardless of whether the girl was 15 or 16 when she became pregnant (nor could he be guilty of "sexual imposition" or a handful of other sex crimes in Ch. 2907 of the ORC, all of which require that the offender be at least 18).

    By the way, we already covered a lot of this in the last thread you started on this topic: Minors wanted to put baby up for adoption vs parents
     
  12. G lee

    G lee Law Topic Starter New Member

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  13. cbg

    cbg Super Moderator

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    If they refuse to nothing I can do.

    That's right. The ball is in their court. The law does not give you a right of access. If they refuse to discuss it, there is no law you can invoke that will force them. Your son has no rights, legally, until after the birth. All your pouting is not going to change that.
     
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  14. G lee

    G lee Law Topic Starter New Member

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    No one pouting here. Seeking advice. Your opinion is still not necessary. Have good good day.
     
  15. ElleMD

    ElleMD Well-Known Member

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    You don't have any rights. At all. Never will. It might, "take two", but legally, ALL of the responsibility right now is on the shoulders of HER parents and HER. ALL of it. For better and worse. You can't do a thing about it, but you also aren't obligated to do a thing about it. They don't have that luxury. Neither does the girl. Your son can "choose" whether or not he wants to be part of the child's life. If this child is born, and if the girl keeps the baby, and if she (or your son) establishes legal paternity, then he will be legally obligated to pay child support. Whether he is part of the baby's life or not is his choice entirely. Her stake in this is far, far greater than his, legally, biologically, and practically. So while you might not think it is fair, there is not a whole lot about a 16 year old sophomore with a baby on the way that is fair. No matter how much you want there to be, you just don't have a claim here. Her family doesn't need to consult you any more than they need to consult any other non-legally bound party. You wouldn't have a say even if your son were older and or married and having a child either.
     
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