My question involves a child custody case from the State of: Virginia
Okay so I am a 20 year old man going to college and my girlfriend told me she was on the pill and she couldn't get pregnant so long story short she did. She was married at the time of pregnancy and is now divorced after being 5 months pregnant. Everyone is telling me there is a law that if she was to get pregnant while married the HUSBAND has to pay child support and I do not. Is this a myth? I feel like her lie is going to ruin my chances of graduating college in the timely fashion i planned or i would have to drop out to get money for child support. PLEASE HELP and thank you for your time.
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10-26-2017, 02:19 PMhelpwillbeappreciatedCan You Be Ordered to Support Your Child if the Mother is Married
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10-26-2017, 02:40 PMadjusterjackRe: a Real Virginia Law
It's a myth.
She'll be unmarried when the baby is born.
She can establish your paternity with a DNA test.
Once that's confirmed, you're the Daddy and you pay child support.
If you think that there is even the remotest chance that you aren't the father, then you should be the one demanding the DNA test if she doesn't.
After all, a married slut who fools around could just as easily have more than one boyfriend.
PS: If having a baby screws up your life, it's entirely on you. -
10-26-2017, 03:16 PMhelpwillbeappreciatedRe: a Real Virginia Law
Wont the government at least let me pay child support after i finish college I read something on that I don't want to be a good for nothing dad that's ****ed up. But is that true I can pay after I get a career and a job cause I only make about 700 a month right now and most of that goes to paying for school. I have 4k saved up right now from working full time and I save most my money.
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10-26-2017, 03:21 PMeerelationsRe: a Real Virginia Law
Child support starts the day the baby is born. Has nothing to do with whether or not the father is in college.
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10-26-2017, 04:46 PMDogmatiqueRe: a Real Virginia LawAre you going to ask your child to not eat until you're out of college?Quote:
Quoting helpwillbeappreciated
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10-27-2017, 03:10 AMreadytoleaveRe: a Real Virginia Law
First of all, if you took any basic Health education class in middle or high school you know that the pill is not full proof, so your girlfriend may have not lied. My daughter is here because I accidently forgot to take the little pill two days in a row. Secondly, you should definitely get a DNA test just to be sure the child is yours. Third, if the child is yours, you will be responsible for child support from day one. Why should the baby you had all the fun making go without just because you want to finish college on time? Fourth, I am a single mom, with a full time job, a part time job AND I go to school part time. So please don't whine about your situation. If you want to make it work, then you WILL make it work while still being responsible for your child. And lastly, stop listening to the goofballs that are telling you the information about the husband having to pay child support and deferring child support till after college. They have no idea what they are talking about. Besides, being a 20 year old man, wouldn't you want to take care of your responsibilities instead putting it off on some poor shlub whose wife cheated on him?
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10-27-2017, 04:18 AMTaxing MattersRe: a Real Virginia LawThat depends. Under Virginia law, if the woman is married 10 months before she gives birth to the child then the husband is presumed to be the legal father of the child. If that presumption is not rebutted by a paternity action in court then the (now ex) husband would indeed be liable to pay child support. But if he is not the biological father of the child, either the husband, the mother, or putative father (you) may bring an action to dispute that paternity and instead name the biological father as the legal father of the child. So if you are the biological father of the child an action may be brought in court to have you named the legal father. Once you are named the legal father you will have to start paying child support, and may also have to pay retroactive support back to the day of the child’s birth. So if you are the real father, I suggest you start saving some money for support.Quote:
Quoting helpwillbeappreciated
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10-27-2017, 10:58 AMqwaspolk69Re: a Real Virginia LawNo if she has the baby while she's married the husband would be the presumed father. But you say she's divorced. So if she's not married to anyone when she delivers that kid, then there is no legal father until someone establishes paternity. If she is married when she gives birth, her husband would be presumed to be the father unless contested.Quote:
Quoting helpwillbeappreciated
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10-27-2017, 11:48 AMTaxing MattersRe: a Real Virginia LawNo, that's not correct. Under Virginia law if the mother is married within 10 months before the birth (i.e. the mother is married around the time of conception) then the husband at that time is presumed the father of the child, even if they then get divorced before the child is born. The Virginia Division of Vital Records states this directly: “If you are married at the time of birth or anytime in the ten months before the birth of your child, the Commonwealth of Virginia requires that the husband or ex-husband be presumed to be the father of your child.” Thus, it matters not only whether the mother was married at the time of the birth, but also if she was married at any time in the ten months preceding the birth. If she was married at the time of birth or any time in the ten months preceding the birth, the husband at that time is presumed the father of the child.Quote:
Quoting qwaspolk69
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10-28-2017, 05:49 AMjumanjiRe: a Real Virginia LawIn Virginia, you are mistaken, as TM posted.Quote:
Quoting qwaspolk69