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Child support while in school

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AdviceSeekerRSN

Junior Member
Illinois/Oklahoma

I was contacted by a woman who claims that I am the father of her newborn child. A paternity test will be required, but, assuming she has not misled me regarding the date of conception, there is a strong probability that I am the father. When the child was allegedly conceived, I was in my senior year in undergraduate studies in Oklahoma where the mother and child still reside. Presently, I am in Illinois for law school. It was not until after I started my first semester in law school that I became aware of her pregnancy through a mutual friend, and had no reason to believe that I could be the father because she had assured my friend that the date of conception made it impossible for me to be the father.

To be clear, I am not advocating that I should not pay child support. My question is, given the circumstances, would attending law school constitute voluntary unemployment? If so, is there a legally enforceable way that I can arrange to suspend child support payments until graduating and obtaining employment, then pay back child support in installments?

Thank you.
 
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Silverplum

Senior Member
Illinois/Oklahoma

I was contacted by a woman who claims that I am the father of her newborn child. A paternity test will be required, but, assuming she has not misled me regarding the date of conception, there is a strong probability that I am the father. When the child was allegedly conceived, I was in my senior year in undergraduate studies in Oklahoma where the mother and child still reside. Presently, I am in Illinois for law school. It was not until after I started my first semester in law school that I became aware of her pregnancy through a mutual friend, and had no reason to believe that I could be the father because she had assured my friend that the date of conception made it impossible for me to be the father.

To be clear, I am not advocating that I should not pay child support. My question is, given the circumstances, would attending law school constitute voluntary unemployment? If so, is there a legally enforceable way that I can arrange to suspend child support payments until graduating and obtaining employment, then pay back child support in installments?

Thank you.
Ask your child if s/he would agree to not have any financial needs during her/his first few years of life. Surely you could work something out. Or maybe Mom wants to take on the entire financial burden, and wants to excuse you?

No?

This is a pretty thorough OK attorney blog on the topic: http://www.michellesmithlaw.com/child-support-faq.html
(Not an endorsement, just for info and to prove I'm right.)
 
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Your child will have needs that must be fulfilled by BOTH parents starting at the day of his or her birth. From a legal standpoint, your paternity and a child support order must be established by the court before you have to pay mom anything. Any money you send before an order is established will be considered a gift.
 

stealth2

Under the Radar Member
Interesting.

Am I the only one amused at how a would-be lawyer is *already* looking for loopholes?
 
How about this, go to a bank and take out a loan to pay your support payments. Start re-paying the loan when you graduate.

In essence, he want to ask mom to foot his support obligation for him while he attends school.

Get a bank to loan you the money and you will accomplish what you trying to do.
 

Ohiogal

Queen Bee
Interesting.

Am I the only one amused at how a would-be lawyer is *already* looking for loopholes?
The interesting thing is if he is ordered to pay child support and doesn't, he will NOT get a chance to take the bar. It is a bit of an ethics problem for the bar for one of their own to not follow court orders.
 

stealth2

Under the Radar Member
One would also think that OP would have ample resources (i.e. his LAW SCHOOL) to get actual, legal advice. Not knocking us as a resource, but..... ya know?
 

stealth2

Under the Radar Member
I'm sure that tons of law school students have also held a job...
OP is too speshul.

In the meantime, my stbSIL had a child at 17. He knew where priorities needed to be. Instead of taking more prestigious opportunities (options to play at DI schools or play pro soccer), he chose to attend a local DIII so he could see his son regularly. He also worked all through college (p/t) and handed the most of his paycheck to the mother of his child. Because HE is a man.
 
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Just Blue

Senior Member
Actually many law schools limit full time students to NOT working more than a few hours (think 10) a week. If they allow a student to work at all.
Then perhaps said law students should keep the "little guy" out of the "little girl".
 

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