Q: Man has paid child support for 12 years due to the result of a one night stand in which he was basically raped. advice?
Man had passed out after drinking heavily at his girlfriends house. There was a party happening in the other room. Another girl was there that was obsessed with the victim. Man is in and out of consciousness with a female that has forced herself on top of him in the dark. Other partygoers bust in yelling about the situation while the man is so disoriented that he doesn’t realize what’s happening until lights turned on & he sees the obsessive female on top of him so he freaks out and pushes her off never to see her again...until a year later when he receives word that she’s had a baby and says it’s his. He demands a paternity test and low and behold the child is his. Now he’s had every tax return taken and most of his income going to child support. The child and mother live in a different state and the man has never even met the child. The mother does minimal jobs here and there from what we're told. This seems like an absolute disgrace with our justice system. Can any action be taken?
A: I am not aware of anything that can be done about this situation at this point. If you want to explore further schedule a consultation with an attorney.
A: The paternity test done 11-12 years ago has sealed the fate of the father as the father, and therefore financially responsible as any father would be on him. The only option other than continuing to pay child support is to file for custody (or at least joint custody) and that would most likely change the amount of support required. Contact a family law attorney for more details.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.