Legal Question in Family Law in California

Bottom line : I got a girl pregnant, she didnt have health insurance. She had a miscarriage and now is facing all these medical bills from the hospital. Am I, under law, obliged to help her with these payments? ive been helping her out because she threatens to sue me for not helping her, but do I really have to help? Theres not even a way to prove im the father.


Asked on 7/25/11, 1:41 pm

1 Answer from Attorneys

James Chau Law Offices James Chau

That's an interesting situation. I have never personally known a case where the child is miscarried and the other party is seeking reimbursement for costs of preganancy. You should speak with a civil litigation attorney, since I don't see how the family courts would deal with this case. There needs to be a baby for the family court to be able to hear the matter. In paternity cases the mother has a right to seek reimbursement for costs of pregnancy, but that is when there is a child between the parties. Here there is no child, so I don't know how she would proceed in family court. So it is unclear to me how the mother would proceed via a law suit. That is not to say that it could not happen. It may very well happen in the arena of the superior court civil division, not the family court.

For self represented individuals you can consult with the family law facilitator self help center at your local court house.

As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.

Law Offices James Chau

1625 The Alameda Suite 204

San Jose, CA. 95126

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com/

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Answered on 8/14/11, 10:23 am


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