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Roger, Attorney
Category: Family Law
Satisfied Customers: 31766
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My brother is seeking a lawyer complicated situation....He

Customer Question

My brother is seeking a lawyer for a complicated situation....He has gotten someone pregnant that he wasn't in a serious long term relationship with. She explained to him at the begging of this relationship how she was told from a DR in her teen years she would have trouble getting pregnant, and she has provided valid proof, the reason the conversation was brought up was because he already had seven and did not want any more children. She got pregnant and hid the pregnancy for five months before she told him. He told her he did not want the baby and can not afford to take care of it. They went to get a letter notarized which stated that she agrees that he is not going to be financially responsible for this child. She gave birth he signed the birth certificate and the baby has his last name. My question is, does that letter hold up in court and if not what would be the steps that he needs to take?
Submitted: 1 year ago.
Category: Family Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

Unfortunately for him, the letter is useless because the mother does not have the right or ability to waive his obligation to pay child support. The reason is because the money belongs to the child -- not the mother (or father) -- and judges are the only people that can waive support for a child.

Expert:  Roger replied 1 year ago.

A judge can approve a request that no child support be ordered, but it usually requires proof that both parents spend an equal time with the child and that both parents make virtually the same amount of, the cases in which a judge doesn't order child support is rare.

Expert:  Roger replied 1 year ago.

But, in order for child support to be ordered by a court, the mother would have to file a petition and ask for it.....and maybe the mother doesn't do that -- or doesn't think she can do that -- based on this agreement.

Expert:  Roger replied 1 year ago.

If you need anything further, please let me know. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again.