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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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What is the law concerning child support for a child that was

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What is the law concerning child support for a child that was born 3.5 years ago and now the mother is threatening to collect child support when the couple was never married and the father never new that a child had been conceived in their brief affair. The mother and child live in Arizona and the father lives in New Mexico. The father was also told at the time of the affair that the mother had had cancer and could not conceive a child.

Samuel-II :

Hi

Samuel-II :

Well, first if the "Father"is not listed on the birth certificate, the Mother needs to Petition to have a Paternity Test done.

Customer:

Hi,

Samuel-II :

Now, a Court will Order a Paternity test, in the best interest of the child

Samuel-II :

And of course, if that is established then she can file for Child Support.

Customer:

If the paternity test comes back positive even though he knew nothing of the child ...is he then required to pay child support?

Samuel-II :

Since the Mother and child live in AZ, those laws will apply.

Samuel-II :

Yes. If she files for child support, it will be against him. And he is just as responsible for the child as the Mother is

Samuel-II :

Child Support would only be Ordered from the date of filing forward. So there would be nothing owed for the past 3 1/2 years

Customer:

If my husband earns 43K per year and is going to have the child registered with the Navajo Tribe for IHS healthcare what would be the approximate cost per month?

Customer:

Would my income be included in this figure?

Samuel-II :

Your income is not included, unless you have filed joint tax returns

Customer:

Yes we file jointly.

Samuel-II :

The amount of child support is based on Guidelines

Samuel-II :

And I will get you a link so you can review that.

Samuel-II :

Now, he can argue that only his income should be used and not the household income from the tax returns.

Samuel-II :

You may read this from the AZ Superior Court

Samuel-II :

That will explain how it is calculated

Samuel-II :

Keep in mind, that until there is a Paternity ruling, she cannot collect

Samuel-II :

So, if for some reason, she files to collect, then your husband needs to seek a Paternity Test.

Samuel-II :

Only after Paternity is established can she file for child support

Customer:

I understand about the paternity...thank you very much for your help. I was just hoping that I would not be involved in this since I had nothing to do with the child and would not want to be responsible for his support.

Samuel-II :

I see. Yes. Of course. That is totally understandable. Perhaps, you will want to begin filing separate returns. Talk to your tax person about that.

Samuel-II :

If you have further questions, you may post them here and i will continue to assist. Otherwise, even if you have a subscription with JA please remember to ACCEPT my answer as that is the only way I can get credit for my time and information in this matter. Thank you and Good luck

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