Who owes c.s.?

[JessiesGirl30]

What is the name of your state (only U.S. law)? Arizona

I have a 13 year old son. His biological father has not paid a dime of support for him. He is, ironically, a professor of child development at a university here in AZ. He spent time with my son for this past year only, but the child has moved back in with me beginning this school year. He lived with his father for a year, then the father decided the child was "cramping his style".

I was married at the time of conception and delivery of my son. Not to this man. The man I was married to and I filed for divorce five months prior to conception, but there was a big backlog of divorce cases in the court system and the divorce was not final until 6 weeks after the birth.

I want to file for child support for my son, but the biological father (a DNA test was done and confirmed he is the father) is saying he don't owe because I was married at the time of the child's birth. The man I divorced may not even be alive anymore (he was 20 years older than I am). I do not know where he is.

So I have a few questions:

1) Who is legally responsible for child support?

2) And if it is the man I am divorced from, does it count that the divorce was filed several months prior to the conception and that a DNA test proves who the father is?

3) If it is the obligation of the biological father, how far back can I go on support arrears?

TIA,
K

 

[Zigner]

What is the name of your state (only U.S. law)? Arizona

I have a 13 year old son. His biological father has not paid a dime of support for him. He is, ironically, a professor of child development at a university here in AZ. He spent time with my son for this past year only, but the child has moved back in with me beginning this school year. He lived with his father for a year, then the father decided the child was "cramping his style".

I was married at the time of conception and delivery of my son. Not to this man. The man I was married to and I filed for divorce five months prior to conception, but there was a big backlog of divorce cases in the court system and the divorce was not final until 6 weeks after the birth.

I want to file for child support for my son, but the biological father (a DNA test was done and confirmed he is the father) is saying he don't owe because I was married at the time of the child's birth. The man I divorced may not even be alive anymore (he was 20 years older than I am). I do not know where he is.

So I have a few questions:

1) Who is legally responsible for child support?

2) And if it is the man I am divorced from, does it count that the divorce was filed several months prior to the conception and that a DNA test proves who the father is?

3) If it is the obligation of the biological father, how far back can I go on support arrears?

TIA,
K

Whoever the court orders to pay support would be responsible. The court will order the legal father to pay support, once you have filed suit for it and been heard, etc.

 

[LdiJ]

What is the name of your state (only U.S. law)? Arizona

I have a 13 year old son. His biological father has not paid a dime of support for him. He is, ironically, a professor of child development at a university here in AZ. He spent time with my son for this past year only, but the child has moved back in with me beginning this school year. He lived with his father for a year, then the father decided the child was "cramping his style".

I was married at the time of conception and delivery of my son. Not to this man. The man I was married to and I filed for divorce five months prior to conception, but there was a big backlog of divorce cases in the court system and the divorce was not final until 6 weeks after the birth.

I want to file for child support for my son, but the biological father (a DNA test was done and confirmed he is the father) is saying he don't owe because I was married at the time of the child's birth. The man I divorced may not even be alive anymore (he was 20 years older than I am). I do not know where he is.

So I have a few questions:

1) Who is legally responsible for child support?

2) And if it is the man I am divorced from, does it count that the divorce was filed several months prior to the conception and that a DNA test proves who the father is?

3) If it is the obligation of the biological father, how far back can I go on support arrears?

TIA,
K

Is there a father named on the child's Birth Certificate? If so, which man was named?

 

[nextwife]

Why didn't you address paternity before completing your divorce? Did you disclose you were pregnant before finalizing the divorce?

This professor is NOT the (legal) father. Your ex husband is.

 

[CJane]

Why didn't you address paternity before completing your divorce? Did you disclose you were pregnant before finalizing the divorce?

This professor is NOT the (legal) father. Your ex husband is.

She wasn't pregnant when the divorce was finalized.

It matters whether or not, in the divorce decree, it states that there is (or is not) a "child of the marriage".

 

[JessiesGirl30]

I do not have anybody listed as the father for my son on his birth cert. I did not know that I would have had to amend my divorce complaint because I got pregnant and delivered while the divorce proceedings were going on. I am receiving gov't assistance only in the form of SSI for both of my sons as I am considered disabled (I am receiving SSDI for me).

So the advice is to file and let the judge decide? The professor wants to be involved in my son's life, but he does not want to pay CS. He willingly acknowledges my son as his (after the DNA test) but only had contact with him for the first time last year. D (son) went to live with his dad for a year, then he came back because his dad said having a kid around "cramped his style". His wife (yes, he's married) thinks that D was keeping his dad from scoring other college girls (there's a long history of that-I was one of those college girls-should have known better but I was young and stupid back then).

Thanks for the advice. Have a great holiday!

K

 

[stealth2]

He willingly acknowledges my son as his (after the DNA test) but only had contact with him for the first time last year. D (son) went to live with his dad for a year,

Wait... after apparently having no contact for 12 years, you sent your son to live with him for a year?

 

[JessiesGirl30]

I had contact with the biological father on a monthly, if not weekly, basis duirng that whole time (from years ago to now). We were friends (without benefits) during and after I found out I was pregnant. He had gone back to his wife, and I moved on. It was all 4 of ours idea (me, my husband, D's dad and stepmom) to try this out. It was not harmful to my son. I would NOT have put D in harm's way. I had daily contact with my son the year he lived with his dad, and D knows how to communicate to me when he is not in a good situation.

 

[CJane]

If there is currently no legal father to the child, you should file in court for paternity establishment, child support and a custody/visitation schedule. If the biological father wishes to be involved with the child, a court order protects all of you in that it sets out the duties and responsibilities of both parents as to decision-making, parenting time and yes, financials.

 

[JessiesGirl30]

Thanks so much!! I have a plan for action tomorrow when the courts open.

Appreciate the advice. Wish me luck

K