Can my Father put my Baby’s Father in Jail for not Paying Child Support?


Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

“I am currently 16 years old and pregnant by a boy who is 17 years old. I know the legal age of consent in Georgia is 16. The problem is that my dad said when I have the baby he is going to put the father on child support or put him in jail. I don’t want him to do that because the father is helping support the baby and he has never forced me to do anything. My question is can my father do anything to the father?”

Question: I do not believe your father can commence a lawsuit against your baby daddy. Our research indicates that such a claim for support would need your consent, even though the rights of your child are what we are talkng about, and your child should be supported. Your father also cannot have baby daddy put in jail. If you ever do make a claim for public assistance during your minority, the state will go after your father, your mother and your baby daddy in order to get reimbursement. After you turn 18, then the state would only go after baby daddy. Baby daddy should pay support, and even though your father may not have the legal grounds to pursue it, he is correct in pointing out that the money should be paid in such a way that your child receives the support in a meaningful way.