If that is his child, that child is entitled to receive financial support from him
regardless of whether he wants anything to do with the child or not. The first thing you must do is prove that he is the father. If you file a support petition naming him as the father and he comes to court and denies paternity, the court will likely order DNA testing. If the results indicate that he is the father, the court will make a finding of paternity.
Once paternity is established, there is no question that the court will order him to pay support. The only question will be how much. In Virginia, the Courts determine the child's support based on a formula. The calculation includes the incomes of each parent, the cost of daycare, health care, etc. You will be required to reveal your income in open court. Then the court will determine what his support obligation should be. Even if he is unemployed, the court will likely order a minimum of $65.00. There are factors that the court can use to deviate from this figure. Those can be found in Virginia Code Section 20-108.2.
Answered on Nov 08th, 2011 at 9:48 AM