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Will I have to pay child support for my nephew?

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hemah78

Member
What is the name of your state? Massachusetts

Two years ago my sister went to prison. I took in her two kids. I just found out her oldest son (age 14) got a girl pregnant. Her parents are saying that since my nephew is a minor and I am responsible for my nephew I am also responsible for paying child support for his child once it's born. Is this true?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state? Massachusetts

Two years ago my sister went to prison. I took in her two kids. I just found out her oldest son (age 14) got a girl pregnant. Her parents are saying that since my nephew is a minor and I am responsible for my nephew I am also responsible for paying child support for his child once it's born. Is this true?
No, it's not true. Your nephew can be responsible for the child he helped to create.
 

zddoodah

Active Member
Two years ago my sister went to prison. I took in her two kids.
Do you have a power of attorney from your sister or the children's father(s)? Were you appointed guardian of the children by a court? I'll assume you haven't adopted them.


I just found out her oldest son (age 14) got a girl pregnant.
I assume what you found out is that some girl is claiming to be pregnant and is claiming that your nephew is the father. Right? There's only an allegation and not any actual evidence of paternity. Right? Assuming I'm right, neither you nor your nephew should accept or concede that he is the father.


Her parents are saying that since my nephew is a minor and I am responsible for my nephew I am also responsible for paying child support for his child once it's born. Is this true?
No. It's utter nonsense. Nor are your nephew's parents responsible for anything. The only persons with responsibility for this child, once it's born (if it's born), will be its parents.


What happens if he doesn't have any money?
For starters, in the eyes of the law, your nephew will not be regarded as the father of this child until (1) the child is actually born and (2) paternity has been established (typically by DNA evidence). If we assume that the child is actually born (the parents/legal guardians of the child-parents ought to seriously discuss the benefits of terminating the pregnancy) and that, after it is born, your nephew's paternity is established, then the mother (or her parents on her behalf) can seek an order requiring your nephew to pay support. No one is going to seriously expect a 14/15yo to have the ability to pay any tangible amount of child support. The court may order a nominal amount. You'd need to consult with a local family law attorney about how the court in your locality will handle this.

At the same time, you need to sit down and have a frank discussion with your nephew about how the stupid decision he may have made (if the allegation is true) is going to impact his life for the next two decades.
 

hemah78

Member
Do you have a power of attorney from your sister or the children's father(s)? Were you appointed guardian of the children by a court? I'll assume you haven't adopted them.




I assume what you found out is that some girl is claiming to be pregnant and is claiming that your nephew is the father. Right? There's only an allegation and not any actual evidence of paternity. Right? Assuming I'm right, neither you nor your nephew should accept or concede that he is the father.




No. It's utter nonsense. Nor are your nephew's parents responsible for anything. The only persons with responsibility for this child, once it's born (if it's born), will be its parents.




For starters, in the eyes of the law, your nephew will not be regarded as the father of this child until (1) the child is actually born and (2) paternity has been established (typically by DNA evidence). If we assume that the child is actually born (the parents/legal guardians of the child-parents ought to seriously discuss the benefits of terminating the pregnancy) and that, after it is born, your nephew's paternity is established, then the mother (or her parents on her behalf) can seek an order requiring your nephew to pay support. No one is going to seriously expect a 14/15yo to have the ability to pay any tangible amount of child support. The court may order a nominal amount. You'd need to consult with a local family law attorney about how the court in your locality will handle this.

At the same time, you need to sit down and have a frank discussion with your nephew about how the stupid decision he may have made (if the allegation is true) is going to impact his life for the next two decades.

I'm not really sure about the power of attourney thing. I was appointed their guardian and was told that meant I got to make all decisions for them. I did not adopt them.

The girl's parent are very anti abortion unfortunately. We did already schedule an appointment for a paternity test to be sure though.
 

hemah78

Member
By the court, right?




I'm not sure I'd voluntarily submit the kid for a paternity test (especially not one that's done prior to the birth).




Agree.
Yes, by the court.

So should I just cancel the appointment and wait to see what happens after the baby is born?
 

Zigner

Senior Member, Non-Attorney
That would be my advice. No judge is going to order a DNA test pre-birth.
Further to that, any DNA test done now may not be acceptable in court to prove paternity.

Also, even if he is the father, that will give him no special rights insofar as the mother or the pregnancy is concerned. That means that he has no right to be present at any doctor's appointments the mother has, nor does he have any right to be present at the birth.
 

Ohiogal

Queen Bee
You are lucky to be in Massachusetts as in some states you would be on the hook as his guardian if he is the father. How old is the girl?
 

Ohiogal

Queen Bee
I don’t know her exact age, but she’s in the same grade as him.
Realize if she was 13 when she got pregnant, your nephew has issues. SEVERE issues:
https://www.mass.gov/info-details/massachusetts-law-about-sex#:~:text=It is against the law to have sex with, or,way, a child under 14.&

As in him taking a paternity test or admitting to being a possible father can cost him a felony record. You better find out how old she is. So make sure he shuts up and, if she was 13 at time of any sex, you get an attorney for him. Because he may face criminal charges.
 

Zigner

Senior Member, Non-Attorney
Realize if she was 13 when she got pregnant, your nephew has issues. SEVERE issues:
https://www.mass.gov/info-details/massachusetts-law-about-sex#:~:text=It is against the law to have sex with, or,way, a child under 14.&

As in him taking a paternity test or admitting to being a possible father can cost him a felony record. You better find out how old she is. So make sure he shuts up and, if she was 13 at time of any sex, you get an attorney for him. Because he may face criminal charges.
To be fair, the girl can also face similar charges.
 

Ohiogal

Queen Bee
To be fair, the girl can also face similar charges.
Yes. But OP is the one who wanted to rush out and get a paternity test and she doesn't know the age of the girl. She knows her nephew is 14. So if he was 13 at the time (how pregnant is the girl?) and the girl was 14 that would be an issue. So when did the nephew turn 14? How far along is the pregnancy and what is the age of the girl? At conception and now?
 

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