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mmdesq, Family Law Attorney
Category: Family Law
Satisfied Customers: 518
Experience:  Attorney with 13 years experience.
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In the state of Arizona is there any way to be excused by

Customer Question

In the state of Arizona is there any way to be excused by the court for child support. My son impregnated a girl who insists on having the baby. She is 8 weeks pregnent.
She has limited ability to raise the child without his help. He does not want any part of the situation and says that she told him she was on birth control and was also not able to become pregnant?
He said she did it intentionally to keep him away from seeing other girls.
Is he screwed now?
Submitted: 1 year ago.
Category: Family Law
Expert:  RobertJDFL replied 1 year ago.

Thank you for using Just Answer.

Unfortunately, in Arizona, like in every other state, both parents have a financial responsibility to support a child born to them. If he is the non-custodial parent, he will end up paying some amount of support. While this girl was untruthful, the court isn't going to punish the child as a result. This is because child support is meant to serve the best interest of the child, and not the parents.

That said, even if the parties "agree" not to pay child support to each other, the court will have an independent legal obligation to ensure that your agreement doesn't hurt the child. A 50-50 division of parenting time *often* results in a minimal - or even nonexistent - need for child support payments. But not always. Much depends on your respective incomes, who pays the medical insurance, extraordinary child expenses, daycare, and so forth. And of course, even if there is no child support being paid, if both parents are sharing custody of the child 50/50, they are spending money caring for the child while the child is in their care and custody.

Customer: replied 1 year ago.
Wrong answer
Expert:  RobertJDFL replied 1 year ago.

I'm sorry that you may not like the answer, but it is in fact legally correct. I will however opt out, so that another expert may choose to assist you further if they wish. All the best to you and your son.

Expert:  mmdesq replied 1 year ago.

Good Morning:

I will try to best answer your question.

I would recommend asking for a paternity test. If the girlfriend lied about everything else then perhaps it is not his child. Unfortunately, if it is his child he will end up pay some amount of support unless he has 50/50 or primary custody of the child. I know that this is not the answer you want but unfortunately the prior attorney is correct that this is the law with regards ***** ***** support.

Your best avenue is the challenge paternity at this stage. If the child is not his or she does not allow paternity testing then he would have a basis to not pay.