Q: Question about extramarital affair
Hi, my sister got impregnated by a married man, and he wants to keep it a secret. He lied to her about his other family, and has cut off all contact with my sister a few months before the baby was born. Right now, my sister is living with the family. But my dad's business is failing and about to close, I'm a working student, and we are in a lot of debt. There is no way we can support my sister and her baby. Is there any legal action we can take against the man who impregnated my sister? Any information would be helpful. Thank you.
A:
Your sister can file a court case and ask for child support from the man. Once the man is proven to be the biological father (the court will do a cheek swab test for DNA), the case is straight forward. He will have to pay child support. He can also ask for visitation and custody, if he wishes.
Your sister won't get support herself (e.g. spousal support) as she and the man never married. The support she will get will be for the child and, realistically, only alleviate part of the expense/burden of having a child.
It sounds like your sister needs a Parentage or Paternity case (google "FL-200" to get the form she needs to start a case like that.
A: Filing a paternity case and asking for child support from the court would be her avenue of relief. Although the father wants to keep the child a secret, he doesn't have much choice when it comes to child support. Your sister may file with the court and seek financial assistance. She can also ask the department of child support services for assistance. Visit the courthouse for more information or go to the court's website. Seeking a consultation with a family law attorney will be important. Once she files for child support, the father will most likely seek custody with the child to try and lower his child support that he would have to pay.
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