QUESTION
Can I put my husband on child support if we are planning to get a divorce?
Asked on Jan 09th, 2012 on Child Custody - Arizona
More details to this question:
My husband left me at 3 months pregnant, we plan to get a divorce when our child is born. Can I put him on child support and not let him have anything to do with the child?
12 ANSWERS
1 Award
Yes.
Answered on May 30th, 2013 at 10:02 PM
Steven D. Dunnings
You can not deprive the father of his parental rights. Unless is he charged with some type of neglect and abuse charges that result in termination of his parental rights in a court proceeding, he is entitled to develop and maintain a relationship with the child if he so chooses.
Answered on Jan 25th, 2012 at 9:45 AM
Dave Hawkins
You can collect child support from him by asking the Divsion of Child support (DSHS) in your county to have have him pay child suport they will do it for free. However, if he is the Father of the unborn child, he has parental rights as the Father and you cannot stop him from having some kind of visitation unless you can prove that he is a danger to the child, i.e. an ax murderer, child molester something that serious. He has rights as the Father under the US Constitution.
Answered on Jan 25th, 2012 at 8:48 AM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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You can certainly start child support proceedings pending divorce litigation. Denying your spouse access to the childrent is a matter between you and your domestic relations attorney. See one soon.
Answered on Jan 25th, 2012 at 8:43 AM
Family Law Attorney serving Santa Ana, CA
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Law Office of Rhonda Ellifritz
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Absolutely not. He can file paternity if you try to keep him from the baby. Don't do this to your baby.
Answered on Jan 25th, 2012 at 8:42 AM
Accidents Attorney serving Blue Springs, MO
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Blue Springs Law Office LLC
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You are correct that your new child must be born before your marriage can be dissolved. Of course your husband will owe child support for his child, assuming your residence is designated as that of the minor child. The father's right to shared custody or visitation with his child is a separate issue, and you will not be able to terminate these parental rights in the normal course of a dissolution of marriage.
Answered on Jan 25th, 2012 at 8:40 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Your terminology of "putting your husband on child support" is confusing. Whether you start and/or finish the divorce before or after the child is born, both of you will have a legal duty to financially support the child. As part of the divorce proceedings, there will have to be a parenting plan that determines each parent's rights and responsibilities and how time with the child will be allocated between the parents. Those decisions will have an impact on how much the child support is and who pays whom. You will not have the authority to decide whether he has any involvement with the child and no court will excuse him from paying child support regardless of whether or not he is involved with parenting. He won't be allowed to evade paying child support by agreeing to "not have anything to do with the child".
Answered on Jan 24th, 2012 at 7:16 PM
The simply answer is no. In order to "put him on child support" you are really talking about establishing a child support order. That requires either his consent or a court order. Secondly, as he is the father, if he wants involvement with the child, unless there is a very good reason for that not to happen, he will be granted parenting time with your child.
Answered on Jan 24th, 2012 at 7:06 PM
Car Accidents Attorney serving Milwaukee, WI
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Velez, Moreno & Vargas, LLC
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Once the child is born you can request an order for child support and short of terminating his rights as a father he will always have rights as it relates to the child.
Answered on Jan 24th, 2012 at 6:24 PM
Divorce Attorney serving Little Rock, AR
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Law Office of Kathryn L. Hudson
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You can open a case with child support and actually file a petition of paternity requesting that he help pay the costs of your confinement. You cannot on the one hand ask for child support though then deny him visitation or a relationship with his child. The courts want to see both parents in the child's life, trying to keep one parent away almost always will result in the child one day resenting the action, it is best to develop a good working relationship now as parenthood is forever.
Answered on Jan 24th, 2012 at 4:50 PM
Gary Moore
Get the child support, seek things from your child's point of view.
Answered on Jan 24th, 2012 at 4:19 PM
Child support is calculated pursuant to a statutory formula. Custody/parenting time are determined in the best interests of the child, so if you and your husband cannot agree about these issues, the court will make a determination after considering a list of statutory factors.
Answered on Jan 24th, 2012 at 4:08 PM