Can I put my husband on child support if we are planning to get a divorce? 28 Answers as of May 30, 2013

My husband left me at 3 months pregnant, we plan to get a divorce when our child is born. Can I put him on child support and not let him have anything to do with the child?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Office of Thomas J. Taranto, P.C. | Thomas J. Taranto
Yes.
Answer Applies to: Massachusetts
Replied: 5/30/2013
Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
Yes, after the child is born you can sue the father for child support (irrespective of the divorce) but absent very compelling evidence that he should be legally deprived of his visitation rights, it is most unlikely that you will succeed in this objective.
Answer Applies to: Virginia
Replied: 1/25/2012
Dunnings Law Firm
Dunnings Law Firm | Steven Dunnings
You can not deprive the father of his parental rights. Unless is he charged with some type of neglect and abuse charges that result in termination of his parental rights in a court proceeding, he is entitled to develop and maintain a relationship with the child if he so chooses.
Answer Applies to: Michigan
Replied: 1/25/2012
The Law Offices of Dave Hawkins
The Law Offices of Dave Hawkins | Dave Hawkins
You can collect child support from him by asking the Divsion of Child support (DSHS) in your county to have have him pay child suport they will do it for free. However, if he is the Father of the unborn child, he has parental rights as the Father and you cannot stop him from having some kind of visitation unless you can prove that he is a danger to the child, i.e. an ax murderer, child molester something that serious. He has rights as the Father under the US Constitution.
Answer Applies to: Washington
Replied: 1/25/2012
Law Office of James Lentz
Law Office of James Lentz | James Lentz
You can certainly start child support proceedings pending divorce litigation. Denying your spouse access to the childrent is a matter between you and your domestic relations attorney. See one soon.
Answer Applies to: Ohio
Replied: 1/25/2012
    Law Office of Rhonda Ellifritz | Rhonda Ellifritz
    Absolutely not. He can file paternity if you try to keep him from the baby. Don't do this to your baby.
    Answer Applies to: California
    Replied: 1/25/2012
    Burnett Evans Banks
    Burnett Evans Banks | Paul Evans
    You are correct that your new child must be born before your marriage can be dissolved. Of course your husband will owe child support for his child, assuming your residence is designated as that of the minor child. The father's right to shared custody or visitation with his child is a separate issue, and you will not be able to terminate these parental rights in the normal course of a dissolution of marriage.
    Answer Applies to: Missouri
    Replied: 1/25/2012
    H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
    Only a court can order child support. Also, if you are still married when the child is born, the law presumes it is his and only a court can take away his parental rights.
    Answer Applies to: Georgia
    Replied: 1/25/2012
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    Your terminology of "putting your husband on child support" is confusing. Whether you start and/or finish the divorce before or after the child is born, both of you will have a legal duty to financially support the child. As part of the divorce proceedings, there will have to be a parenting plan that determines each parent's rights and responsibilities and how time with the child will be allocated between the parents. Those decisions will have an impact on how much the child support is and who pays whom. You will not have the authority to decide whether he has any involvement with the child and no court will excuse him from paying child support regardless of whether or not he is involved with parenting. He won't be allowed to evade paying child support by agreeing to "not have anything to do with the child".
    Answer Applies to: Colorado
    Replied: 1/24/2012
    Gutterman, Griffiths PC | Ann Gushurst
    The simply answer is no. In order to "put him on child support" you are really talking about establishing a child support order. That requires either his consent or a court order. Secondly, as he is the father, if he wants involvement with the child, unless there is a very good reason for that not to happen, he will be granted parenting time with your child.
    Answer Applies to: Colorado
    Replied: 1/24/2012
    Vargas Law Office LLC | Ronnie Ismael Vargas
    Once the child is born you can request an order for child support and short of terminating his rights as a father he will always have rights as it relates to the child.
    Answer Applies to: Wisconsin
    Replied: 1/24/2012
    Law Offices of Jayson A. Soobitsky, P.A. | Jayson A. Soobitsky
    If he is the natural father of the child yes he can be required to pay child support.
    Answer Applies to: Maryland
    Replied: 1/24/2012
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    If you are separated, you can file an action for child support after the child is born but you can't legally keep him from the child. It would make sense to file for divorce so you don't have to go through two legal actions.
    Answer Applies to: Georgia
    Replied: 1/24/2012
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    I don't know what you mean when you ask if you can put your husband on child support. You can file a divorce case and file an Order to Show Cause for Child Support and Child Custody and no visitation by the father as the child's birth nears. Whether or not the father is denied visitation by the Court would be dependent on the requests and evidence presented to the Court for and/or against visitation.
    Answer Applies to: California
    Replied: 1/24/2012
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    Child support and child visitation are intertwined but they are two distinct issues. Accordingly, can you ask the court to issue child support orders and also ask that Dad have no access to the child? Yes, you can ask. Will you get it? That depends on the facts of your case.
    Answer Applies to: Texas
    Replied: 1/24/2012
    Law Office of Kathryn L. Hudson
    Law Office of Kathryn L. Hudson | Kathryn L. Hudson
    You can open a case with child support and actually file a petition of paternity requesting that he help pay the costs of your confinement. You cannot on the one hand ask for child support though then deny him visitation or a relationship with his child. The courts want to see both parents in the child's life, trying to keep one parent away almost always will result in the child one day resenting the action, it is best to develop a good working relationship now as parenthood is forever.
    Answer Applies to: Arkansas
    Replied: 1/24/2012
    Law Office of Joan M. Canavan | Joan Canavan
    No, you can't put him on child support yet, because you child is not born. Once the child is born you can file a Complaint for Divorce seeking sole legal and physical custody and child support. Since your Husband is the biological father of the child, he is allowed to bring his own motion for custody and visitation. The Court will not deny his parental rights unless he is an unfit father or chooses to have nothing to do with your child.
    Answer Applies to: Massachusetts
    Replied: 1/24/2012
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    When you file your divorce petition, you will also file a motion to establish custody, visitation and support. The courts recognize the child's right to have a relationship with both parents and will support a parenting relationship that provides for contact between father and child.
    Answer Applies to: California
    Replied: 1/24/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    Yes, you can file for child support is you are planning to get divorced.
    Answer Applies to: California
    Replied: 1/24/2012
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    Get the child support, seek things from your child's point of view.
    Answer Applies to: New Jersey
    Replied: 1/24/2012
    Michael Rose Attorney at Law
    Michael Rose Attorney at Law | Michael Rose
    Do you want to keep the child away from his (her) father? Child Support does not control the issue of visitation. He can petition the court for contact with his child. The child does need to be supported by both parents.
    Answer Applies to: California
    Replied: 1/24/2012
    The Law Office of Nathaniel M. Smith, LLC
    The Law Office of Nathaniel M. Smith, LLC | Nathaniel M. Smith
    You can most certainly go to child support services (or a private attorney) and petition for child support in Georgia, absolutely.
    Answer Applies to: Georgia
    Replied: 1/24/2012
    DEAN T. JENNINGS, P.C.
    DEAN T. JENNINGS, P.C. | Dean T Jennings
    He will be required to pay support and you could file now and ask the court for an order establishing support for you and medical expenses from him during your pregnancy. You will not be able to stop him from seeing the child and having visitation and being part of the child's life, if he wishes to do so. It is his child?
    Answer Applies to: Iowa
    Replied: 1/24/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    First, if you are married, your spouse is presumed to be the parent. Second, both parents may seek custody and parenting time. Marital misconduct is irrelevant to court determinations related to custody and parenting time. The court makes such determinations based on what it believes to be in the child's best interest. Finally, child support is determined only afte the child is born and it may be affected by the income of each party and the parenting time granted by a court.
    Answer Applies to: Minnesota
    Replied: 1/24/2012
    Donaldson Stewart, PC
    Donaldson Stewart, PC | Monica H. Donaldson Stewart
    Child support is calculated pursuant to a statutory formula. Custody/parenting time are determined in the best interests of the child, so if you and your husband cannot agree about these issues, the court will make a determination after considering a list of statutory factors.
    Answer Applies to: Arizona
    Replied: 1/24/2012
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    Yes to child support, no, to not letting him have anything to do with the child.
    Answer Applies to: New York
    Replied: 1/24/2012
Click to View More Answers:
12 3 4 5 Free Legal QuestionsConnect with a local attorney