How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Attorney DROD Your Own Question

Attorney DROD
Attorney DROD, Family Law Attorney
Category: Family Law
Satisfied Customers: 33
Experience:  Over 20 years experience in Family Law. Divorce, Child Support, Protective Orders, Enforcement of Orders, Child Protective Service, Power of Attorney, Custody/custody modification and more.
61854040
Type Your Family Law Question Here...
Attorney DROD is online now
A new question is answered every 9 seconds

A 18 yrs. old girl has been dating my son thats 16 yrs.old

Resolved Question:

A 18 yrs. old girl has been dating my son thats 16 yrs.old and claims she's pregnant now. I've told her to leave my son along because she's too old for him.Now she's pregnant and claiming it's his child and said she will put him on child support. Can she do that being he's underage and she is 18 going on 19 in the state of Louisiana.
Submitted: 1 year ago.
Category: Family Law
Expert:  Attorney DROD replied 1 year ago.
Hello and thank you for using Just Answer. I am an attorney with over 20 years expiernece in family law and will be happy to answer your questions for you.

I am sorry you and your son are going through this difficult time.

Before the girlfriend can obtain an order requiring your son to pay child support several things must happen. I am going to address those things before I answer your question of whether she can obtain an order requiring him to pay child support.

First, the child must be born and a paternity test must be done in order to prove your son is in fact the father of the child. If the paternity test shows he is the father, then, according to Louisiana law, because he is underage there are certain steps he must go through to acknowledge his paternity. Lousiana law is very complex so how he acknowledge paternity depends on whether you and your son's father are married. If you and his father are married, your son's father can sign the acknowledgement of paternity. If you are not married to his father or are judically separated, then the parent with custody signs the acknowledgement of paternity. If you have joint custody then both you and his father would sign the statement of paternity.

The question you have now may be "what if we do not sign the statement of paternity?" Once a paternity test is done that proves your son is the father then, yes, the mother/girlfriend can go to court and file a child support case and ask the court to order your son to pay child support. There will then be a judicial finding that your son is the father based on psotive results of the paternity test.

The next question is who pays the child support? It depends on the court. Since a 16 year old has very little earning capacity if the court basis the support on just your son's income it will be a very low amount until his earning capacity increases. However, the court may take into consideration your income (and your husband's if you are married) and factor that somehow into the amount of support to be paid.

The botXXXXX XXXXXne answer to your question is, yes, even though your son is underage, he can be ordered to pay child support. But make sure that paternity test is done.

Now there is one more issue which I would like to address and it is something you hinted at in your question. That is the matter of their age difference and whether an 18 year old should be having sex with someone two years younger than she. When an adult has sex with a minor an offense called "statutory rape" occurs. It does not matter if the minor consents because by law a minor does not have the capacity to consent since they many times do not understand completely what the consequences of the act can be. In Lousiana it is a misdemeanor offense for a juvenile to have sexual intercourse even with consent with someone age 17 to 19 when the juvenile is aged 15 to 17 when the difference in their ages is greater than two years. It is the "greater than two years" age difference that is the key here. If your son is 23 months younger or less, this law would not apply. But if he is 24 months and at least one day younger, it would. If you feel your son meets the requirement for statutory rape by his girlfriend the matter should be reported to the police and you should ask that charges be pressed. You make the report, not him, because he is underage. If charges are pressed and the case goes to court and she is found guilty she could be sentenced to up to six months in prison and would have a record for the rest of her life. The flip side to this is if this is your grandchild, the record would follow the girlfriend her entire life and would effect her ability to find employment and a place to live.

Another option I can suggest is that if the child is your son's and the girlfriend is found guilty of statutory rape, your son could have a case to seek custody of the child.

With all this being said, I have provided you with general principals of the laws in Louisiana as pertains to your question. My answer is not a substitute for the advice an attorney in your area might give you in a face to face full consultation. As you can see, you have many options to consider and you will need the assistance of an attorney.

Here is a link to a group of attorneys in Louisiana who deal with father's rights. I strongly suggest you contact them immediatly to discuss the information I have given you so they can assist you in deciding what course of action will be best for your family.

http://www.lawinfo.com/attorney/Fathers-Rights/Louisiana/

If you have any follow up questions please ask me. I want to make sure you are satisfied with the answer I have given you and that you are pleased with your experience with Just Answer. I will answer any follow up questions you have as soon as possible.

If I have answered your question to your satisfaction I would greatly appreciate it if you would kindly give me a rating of a 3, 4 or 5 so that future Just Answer customers will have the benifit of seeing how you rate my work. Also, if I do not receive a rating of a 3, 4 or 5, I am not compensated for my answer.

Again, please ask any follow up question you may have.

I sincerely XXXXX XXXXX and your son all the best.

Denise
Customer: replied 1 year ago.

If i file charges on her will the court take that into consideration that he was a minor and he will not have to pay child support. Or he will have to anyways.

Expert:  Attorney DROD replied 1 year ago.
The Court will take into consideration that he was a minor. They may take this into consideration when determining an amount but most likely he will have to pay child support anyway. I know it seems backwards, but it would certainly be worth asking your lawyer to make the argument.
Attorney DROD, Family Law Attorney
Category: Family Law
Satisfied Customers: 33
Experience: Over 20 years experience in Family Law. Divorce, Child Support, Protective Orders, Enforcement of Orders, Child Protective Service, Power of Attorney, Custody/custody modification and more.
Attorney DROD and 9 other Family Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney