Family Law Questions? Ask a Family Lawyer Online.
-Could you explain your situation a little more?Is there a court order for child support?
Has someone asked for child support?
DearCustomer- The problem is that it is not always up to the mother whether to ask for child support and an agreement not to do so is not enforceable. The reason is because the court has jurisdiction over the child support issue until the child is an adult and any change in circumstances can trigger an order for support or a change in existing support.
If the mother accepts any state aid the state will seek child support regardless of whether the mother wants it or not. If the mother decides to change her mind about not asking for support she can do so and the agreement she made not to seek support cannot be enforced.
Therefore it is possible that the mother can refuse to seek support but it may be that she has no choice if she accepts any state aid and if she changes her mind once she realizes how much it costs to raise a child she could still seek support regardless of the promise she made. A child has two parents and both have a responsibility to the child so the court will always order support if it is requested.
My suggestion is for the father to take a DNA test to be certain he is the father. He does not have to pay child support until there is an order but there is no way to avoid it if it is requested.