If your 19 and you file for child support but the man was 17 at the time but now 18 can you get introuble?

Question

My best friend just recently had her baby and the father wants nothing to do with it. I told her she needs to file child support but here's the deal.. She was 18 and he was 17 when they had s*x he is now 18 and she is 19 but she is afraid she will get in trouble if she files. I don't know all the laws so I don't know what to tell her. Does anyone know?

Answer 1

Im a police officer and no. unless the father reports her for stachatory rape she cannot be charged for it. And even if he did this is obviously a while back and the (victim) aka father would need to produce sufficient evidence of rape. and no a human being or the child cannot be considered evidence. people unless they are dead can only be considered a witness

Answer 2

usually depends on your states laws but I'd say she is most likely ok. Make him pay dammit!

Answer 3

nah, she wont get into trouble, and if she does, the fine wont be as great as child support will be over the years.  

Answer 4

i dont see how she would. in most states the age of consent is seventeen. and the age gap isnt very big.

Answer 5

I'm pretty sure that would be considered illegal.

But, I'm not 100% sure.

Answer 6

For this you need advise of an attorney to know legal complications and implications.

Answer 7

Unless where you live there is a law against him being 17, but i think that you should be ok, you should research it before you file.

Answer 8

First of all your friend needs to know what the law is for the state she lives in.

It makes no difference that she is an adult female if she is in a state where that would be considered rape. She could possibly be charged with unlawful sexual conduct with a minor boy rather than the more common instance of an adult male charged with unlawful sexual conduct with a minor girl. In a news story of a 15 year old boy in Lancaster, Ohio who got a 19 year old girl pregnant the judge ordered him to pay $50 a month in child support, HOWEVER the female here does face criminal charges because he was a minor. So as you can see, it is best to first find out the law of the land for where she resides.

Answer 9

She is within the age of consent for most, if not all, states in the US.  However, she'll need to look up the age of consent in that case.

Statutory rape, since I gather that's what you're asking about, is determined by each state.  It's generally a minimum age of consent, and also a window of consent.  For example, if I remember correctly for Colorado it's sexual assault if the partner is under 15, providing that the other person is four years or more older.  So, a 15 year old and a 16 year old can consent to s*x, but a 15 year old cannot legally consent to s*x with a 20 year old, so the 20 year old would be commiting statutory rape even if the 15 year old said yes.  After that, the general age of consent for CO is 17, so the 17 year old can consent to s*x with anyone older, even if they are more than 4 years older.

Another thing for your friend to consider is the paternity laws in her state.  If he trully wants nothing to do with the child, then it might be best to take him to court and get a settlement such as if he does not pay child support he looses his parental rights.  It leaves the ball in his court, puts everything on paper, and if he doesn't want to be a part of the child's life she can settle it legally and start a family without the biological father.  She needs to consider her circumstances and what she thinks will be best for the child in the short run and the long run.