“My husband has a child with his previous girlfriend, they split up when she was 6 months pregnant, the child is now 2 1/2 years old, she doesn’t want him to be in the child’s life, he also doesn’t want to be in the child’s life. He has made attempts to be in his child’s life but then gave up when the mother made it clear that she wanted nothing to do with him, she put him for child support and now they take it from his check, she gets all his taxes. I have a 1 1/2 year old with my husband and I am pregnant right now, we need all his money, I do not work. His ex-girlfriend is a apartment manager she makes good money, so even though she makes more money than him and she doesn’t want him in the child’s life can she still have the child support on him?”

Yes.

OK, I wanted to go with a three letter and one character answer, but that’s too easy. How else can I get up on my high horse and tell folks to wear condoms or be prepared for the consequences? Will I ever get another opportunity to remind folks that all of their children deserve, and in fact have the right, to be supported at the same level? How could I waste this great chance to remind people to stay involved in the upbringing of their children? You are faced with the reality of the responsibility that people have towards children, and it is lamentable that your husband has given up on pursuing his rights, and his (first?) child’s right to kinship. And tax returns will be seized if there is any arrearage. And wages will be garnished. And, of course, support will continue at least until the child reaches the age of 18, so your husband will have plenty of time to ponder all of this.

So, yes. Even if someone is not involved with their child, they can be ordered to pay child support.


Michael Durgavich is an accomplished attorney and mediator. Maintaining a general practice in the San Jose, California area, Mr. Durgavich specializes in family law, bankruptcy, and alternative dispute resolution. Mr. Durgavich can be reached through his website at http://www.MichaelDurgavich.com. Contact This Author

State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.