Paternity is proven, does he have to pay child support?

Question

I am pregnant to a man who is not my partner or boyfriend. We live in Sydney, NSW, Australia. I was never married or de-facto with this man. What does the NSW law say about this man's parental responsibilities? Does he have to pay any child support? If there was no legal marriage, where do I stand? Anyone with any FACTUAL information, please - I am not seeking heresay or guesswork or gossip. Thank you.

Answer 1

It doesnt matter if you were married or not, you share a child together and the Father will have just as many rights as you. An amendment was made to the Famly Law Act which means that each parent has equal shared parental responsibility.

http://www.familycourt.gov.au/wps/wcm/co...

If he chooses to have have contact etc with the child then you are going to have to put together a "parenting plan" and lodge it with the court (unless of course you can work this out without going to court). You can find information on that at...

www.familycourt.gov.au

Yes he will have to pay child support. If you go to their website www.csa.gov.au then you can find all the information you need.

As your child once its born maybe apart of a stepfamily you may want to also look at stepfamilyzone.

www.stepfamily.asn.au/forums

Answer 2

Look dont worry about all the c**p, im not here to judge but am a wife and mother and would destroy me if hubby was having bub to someone that he had affair with.  

ANyways Yes if paternity is proven no matter whether there is marriage or not marriage he has to pay , providing his name is on birth certificate which he has to sign so you may have to take him to court to make him get paternity if he refuses to sign birth certificate.  You will be entitled to legal aid so i would be sorting all this out before the baby is born so all you have to do is the test when born ! If you and him were to get the test from doctor it will cost you or him $500 and if  just him and child get tested then thats $750.

I would ring child support and check with them also.  

Going through all of this is sure to bring you more problems as his wife will find out all about this so prepare yourself as im sure its not going to be easy.. maybe you hould think hard before you go through this

good luck

Answer 3

Yes, he cer'tainly does. And if he hasn't started, when he does he will have to back-pay from the day the baby was born. If he has financial security and the paternity has been proven, there is no way he can get out of it.

Answer 4

Iam going through a divorce and a child custody battle but I went through the same thing when I was pregnant with my daughter fill out the necessary forms for child support your doctor office should be able to draw up those forms for you if not call your local child protective services deparment fill out the forms and they will find him for you and there may be a court date set up just in case he says that he disagrees with your request but if not he will forced to pay child support unless you two can come up with some type of written agreement. hope I helped.

Answer 5

The father of the child has a legal responsibility to pay child support - regardless of your relationship status. There are child support agencies that can hunt down and even freeze his assets if he tries to hide them.

He may deny paternity, but then he has to pay for a blood test to prove it isn't his.

One way or another, it will come out that this slime ball cheated on his wife, so tell him privately now that you think he is the father. He may even come to some sort of agreement with you without having to get the courts etc involved.

Answer 6

Yes, once paternity is proven, you go to the court and file for child support. If he is the father, than yes, he will have to pay child support.

I find it ironic that you state his family will probably think you're a 'family destroyer' - I'm sorry, but they DO have every right to think that. You shouldn't be putting down his family, that's horrible - don't misplace the blame.

*Oh okay, if you didn't know, that's one thing. But still, don't talk so negatively about his poor family, I feel really bad for them. It's hard to love someone so much only to find out they betrayed you, you know?*

Answer 7

You get in contact with Child Support and the amount he pays is dependent upon how many other children he has as well as the wage that he earns etc.  The money is taken directly from him, whether it be from government benefits that he receives or from his wage each week.  If this does not occur they will confiscate his tax return to give you monies that you are owed in back support.  Consider this as well...for the sake of your little one it is nice to think that he might also have contact if he is neither violent or a drug user...your child will benefit in the long run from a whole other family ie grandparents, cousins etc..just because you dont have a relationship with him does not mean that he and the child can't.  If you dont wish to see him changeover for contact can occur either through a friend or a contact centre...good luck x

Answer 8

Absolutely and no doubt about it, if it is his child he has to pay.  The money will be taken from his before-tax pay. There are lots of facts sheets on this Australian page from the Child Support Agency, this one seems relevant to your situation:  http://www.csa.gov.au/ChildSupportFormul...

Good luck with the baby, I'm sure he or she will be a joy in your life even if the father is not involved. But regardless of whether or not you were ever married or defacto he is the father and is bound to provide for the child.

Answer 9

He doesn't need to pay support until the courts orders it.

Answer 10

yes

Answer 11

if he is the childs birth father and is prooved in court, yes he has to pay full child support.best wishes!

Ps. im a lawyer

Answer 12

Yes.

Answer 13

Yes.

Check with legal aid through this web site for detailed information and to order literature which explains how to pursue that claim for yourself if you'd like.

http://www.legalaid.nsw.gov.au/asp/index...

Answer 14

If paternity is proven and you want child support he has to pay. If you both decide you dont want him in your life our your babies then he doesnt have to.

He can either pay you direct - if you trust he will always pay you - or go to centrelink and they do all the work from there. I think you get a social worker and they help you out a lot.

Congratulations on your pregnancy and i hope everything works out.