Legal Question in Family Law in Connecticut
Support for wealthy CP?
My husband (NY) is being accused of fathering a child out of wedlock. He has not yet been ordered to take a paternity test but we fear he ma as soon as the child is born. The woman, age 23, resides in CT with her extremely wealthy parents. She has no degree and has never held a job; she has always been supported by them. They discouraged her from giving birth -- her parents acknolwedge that she beame pregnant deliberately in order to continue being cared for by others; she has been in psychiatric counseling for many years.
It remains to be seen who is the father but my husband acknowledges that it may be possible that he is responsible.
I have been the main breadwinner in our family while my husband has worked only part-time and been a stay-at-home dad for our own two young children. If he is proven to be the father of this child and ordered to pay support, how will it be calculated? Can an attorney assist us in reducing the impact on our finances, particularly since the potential CP is inordinately wealthy and we are surely not.
2 Answers from Attorneys
Re: Support for wealthy CP?
If your husband is found to be the biological father after a paternity test is done, then he will have to pay child support if the mother requests it from the court.
Whether it will be calculated based upon his part time income or an imputed amount (what he could earn if he went to work full time) remains to be seen. I would need more information.
Re: Support for wealthy CP?
Child support mainly is based on the earning capacity of the payor, in this case your husband (who should request a paternity test if there is any chance he is not the father). Connecticut has a schedule of child support amounts (called "Guidelines") based on the parents' net incomes. The fact that the lady in question has parents who are wealthy and who support her may be an argument to deviate downward from the child support guidelines. By the same token, the fact that your husband only works part-time and is to a certain extent arguably supported by you may be an argument to deviate upward from the guidelines. (If I were her attorney I would argue that your husband's earning capacity should be based on full-time work.) Both arguments might cancel each other out, but there is no guarantee as to how the particular judge who hears the case may see the situation. Another aspect to consider is how much visitation your husband may want with this child (assuming the child is his), whether he may want joint legal custody (which may be a consideration if the young lady has psychiatric issues), or joint physical custody (the child spends an approximately equal amount of time with both parents). There may be no or only minimal child support due if there is joint physical custody. For more information, see the section of my website regarding child custody -http://www.serranolawyers.com/FamilyLaw.htm#Support. I would strongly reccommend that you be represented by an attorney in a matter like this that involves long term financial consequences (including inheritance issues). You may also call me to discuss this further (860.236.9350 office; 860.977.0660 cell).
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