Can You Get Out of Paying Child Support if You Were a Minor When Baby Was Conceived
My question involves child support in the State of: OHIO
I have been paying support for 9 years. When I had my kid I was 16 and the mother was 18. I was just curious if since I was a minor at the time of birth and she wasn't am I still legally obligated to pay? I only ask this because the child is seeing none of this money; the other baby's dad's don't pay and she uses mine on their kids. :wallbang: I'm looking for an angle to terminate the order and then I will set him up with a personal savings account of the same value, which he will have access to at 18. Any help is greatly appreciated.
Re: Am I Legally Obligated to Pay
You are legally obligated to pay, if the court has determined you are legally obligated to pay. The law does not permit you to decide how the money is spent on the child or that it be justified to you.
Re: Am I Legally Obligated to Pay
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I was just curious if since I was a minor at the time of birth and she wasn't am I still legally obligated to pay?
Of course you are. Where would you get the idea that you could just create children willy-nilly and not help support them?
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I only ask this because the child is seeing none of this money
Is he fed? Clothed? Housed? Has electricity, running water? Then he's seeing the money. Child support is NEVER meant to be given to the child, it is meant to defray the custodial parent's costs for caring for the child.
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I'm looking for an angle to terminate the order and then I will set him up with a personal savings account of the same value, which he will have access to at 18.
What's stopping you from doing this anyway?
Re: Am I Legally Obligated to Pay
Where did you get the idea that the child was supposed to get any of the money? Child support is intended to reimburse the custodial parent for the money SHE spent on the child already. What she uses it for after that is her business.
If a court ordered you to pay then yes, you are legally obligated to do so. Any appeals due to your minority would have been dealt with at the time. Too late to do so now.
If, on the other hand, there is no court order for support, then you have no legal obligation - until she then drags you into court and an order is put in place. And no, none of the money you already paid will be taken into consideration.
Re: Am I Legally Obligated to Pay
I just thought since I was a minor at the time and she was an adult it might be kind of like taking advantage of me. I guess if I was 14 at the time it might be different? Or can you actually be held legally liable to pay support from a statutory rape?
From my understanding of ORC 2907.04 Unlawful sexual conduct with minor....
(2) Except as otherwise provided in division (B)(4) of this section, if the offender is less than four years older than the other person, unlawful sexual conduct with a minor is a misdemeanor of the first degree. Isn't she guilty of a minor misdemeanor? Can I be held legally obligated for her illegal actions?
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Anyone know the case precedence on this?
Re: Am I Legally Obligated to Pay
YES. You can be legally obligated to support the child YOU created regardless of any illegal behaviors on the part of the mother. The child didn't do anything illegal.
Plus, the time to make that argument, even if it held legal water which it doesn't, was 9 years ago. The SOL has long since passed.
AND, the fact still remains that not one cent of what you pay is designated to go to the child himself.
Re: Am I Legally Obligated to Pay
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excel
I just thought since I was a minor at the time and she was an adult it might be kind of like taking advantage of me.
you are liable for supporting a child you created. get over it and pay your obligations.
Don't you think the court figure out that you were only 15 or 16 at the time the child was conceived? Did the make an issue of it?
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I guess if I was 14 at the time it might be different? Or can you actually be held legally liable to pay support from a statutory rape?
irrelevant since you were 15 or 16 when the child was conceived.
Re: Am I Legally Obligated to Pay
You could have been 14 when the child was conceived and she in jail for whatever sexual offense and you could STILL be held liable to pay child support.
Nice try but no cigar. There's no convenient law that's going to get you out of paying.
Re: Am I Legally Obligated to Pay
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jk
you are liable for supporting a child you created. get over it and pay your obligations.
Don't you think the court figure out that you were only 15 or 16 at the time the child was conceived? Did the make an issue of it?
irrelevant since you were 15 or 16 when the child was conceived.
As previously stated I've been paying for 9 years and will continue. The order was actually only enforceable with my parents as co-signors. As to the relevance of the question I didn't ask of it's relevance to my case, it was a general question. Can a minor(victim) be held legally liable for a child conceived by a mother(offender)during unlawful sexual contact with a minor?
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cbg
You could have been 14 when the child was conceived and she in jail for whatever sexual offense and you could STILL be held liable to pay child support.
Nice try but no cigar. There's no convenient law that's going to get you out of paying.
Thank you.
Re: Am I Legally Obligated to Pay
Can a minor(victim) be held legally liable for a child conceived by a mother(offender)during unlawful sexual contact with a minor?
Yes. A minor (victim) can be held legally liable for a child conceived by a mother (offender) during unlawful sexual contact with a minor.
I hope that this is now clear to you.
Re: Am I Legally Obligated to Pay
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Can a minor(victim) be held legally liable for a child conceived by a mother(offender)during unlawful sexual contact with a minor?
YES.
If you make a child, you're obligated to support it. Period, end of story.
Re: Am I Legally Obligated to Pay
There is case law in many states protecting a minor male from having to pay child support to his rapist.
Unfortunately, Ohio isn't one of those states.
Re: Am I Legally Obligated to Pay
And, as has been pointed out before, the time to address the issue would have been nine years ago.
Not when you simply get tired of paying.
Re: Am I Legally Obligated to Pay
Re: Am I Legally Obligated to Pay
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cbg
And, as has been pointed out before, the time to address the issue would have been nine years ago.
Not when you simply get tired of paying.
True, but have you seen how cool the new Camaro looks!!!