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Will I have to pay child support for my nephew?

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Ohiogal

Queen Bee
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 will say you are correct for Massachusetts but in some states, auntie would be on the hook as the child's guardian for supporting the child's child. Just don't want people reading this thread to assume that it is never possible.
 


stealth2

Under the Radar Member
I'll leave the legalities to the others, but delve into practicalities.

Assuming the girl has the child/keeps it and your nephew is found to be the father, he needs to be made to understand that he has a responsibility. Even as young as he is. So until he can get a paying job, he will be working for you to help support his child. And if that means he can't participate in activities he wants to participate in? So be it. His child is more important.
 

Zigner

Senior Member, Non-Attorney
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?
Sorry - wasn's arguing with you. I was just making an observation.
 

hemah78

Member
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.
Okay, I just asked and found out and they were both already 14 at the time.
 

hemah78

Member
I'll leave the legalities to the others, but delve into practicalities.

Assuming the girl has the child/keeps it and your nephew is found to be the father, he needs to be made to understand that he has a responsibility. Even as young as he is. So until he can get a paying job, he will be working for you to help support his child. And if that means he can't participate in activities he wants to participate in? So be it. His child is more important.
What do you mean working for me?
 

Ohiogal

Queen Bee
Okay, I just asked and found out and they were both already 14 at the time.
Don't let him admit anything. But seriously, he will need to support his child even at his age... Which is what is mean about bringing it up. He may be 14 but he is now an adult if found a father -- and if working for you raking leaves/doing dishes for an allowance, that is income. If he is not earning an income, then there are issues because he was adult enough to screw, so he should be adult enough to deal with the consequences of such.
 

stealth2

Under the Radar Member
What do you mean working for me?
Chores, etc. Things you might otherwise farm out (lawn mowing, leaf raking, etc.). He needs to understand that he made an adult decision and will now have adult responsibilities. Life has changed - irrevocably. Once he can legally work? So he shall, in addition to school. So there will be an end to after-school activities, parties, hanging out every day/weekend with his buddies. College? CC or a local college as a commuter - while working to support his child.

Tough love for sure - but this is what I made clear to my kids long before sex was even a question.
 
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?
Unfortunately, in Massachusetts, since you are the legal guardian of your nephew, you may be held financially responsible for the unborn child. The good news is that the court will only require you to pay based on your financial ability. It'll be a good idea to speak to a lawyer to figure out the best way to proceed.
 

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