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RayAnswers, Lawyer
Category: Criminal Law
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Experience:  licensed attorney in criminjal law for 30 years
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I have a question about someone I know. My friend ...

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I have a question about someone I know. My friend just had a baby when she was 19 year old, and the baby''s daddy isn''t going to be turning 17 until august 13th. Will she be able to get child support from him or will she get in trouble because they might say it is statutory rape?

Thanks for your question. ther are two issues here. Mom might be in trouble if he is underage here. That is a criminal issue with mom. She is also entitled to support here. They would look at the teen father's parents income here.

The parents are liable to support here since the child is under 18. It's very possible the teen father's parents here may try to turn mom in here for prosecution since he was underage. That would be within their discretion. Really two issues here criminal prosecution and child support. They are different but yet become intertwined here. Good luck to all of you here...

Definently under age of consent here in Texas as it is 17..

Customer: replied 8 years ago.
When would be a good time to get child support from the father?

Have her apply herre online with the A. G. They take you for like $35 minimal feeey will count the parents income here in setting support. She will get more than if she waited until he is 18 here.



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Customer: replied 8 years ago.
Will I get more if I apply with the A. G. or when he turns 18?
No do it now. The parents are counted now or at least thier income. They are responsible for their child since he is underaged. An 18 year old isn't going to have much income from which to get support. Definently now. A year from now he may be long gone or still unemployed.
Customer: replied 8 years ago.
Once the parents be notified about paying for the child support, will they be able to get me for statutory rape? That's one thing that has me delaying the process of getting child support.
They could do this anyway. There is a long statute of limitations here. I'm not sure I would put it off here. But that is your call in this situation. But support wise it is as good as it gets now since he is a minor..
Customer: replied 8 years ago.
Wouldn't statutory rape be consider a 3 year differences? The mom and the dad are not 3 years apart. How would that turn out?
It's a defense you assert here. Whether they would decline charges would be for the prosecutor to decide..

Here is Texas Penal Code, Section 22.011(e). It provides an affirmaitive defense to a charge of sexual assault if all of the following apply:

  • the actor was fewer than 3 years older than the victim at the time of the offense,
  • the victim was older than 14 years of age at the time of the offense,
  • the actor was not at the time registered or required to register for life as a sex offender,
  • the conduct did not constitute incest, and
  • neither actor nor victim would commit bigamy by marrying the other (in other words, neither was married to a third person).
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