Legal Question in Immigration Law in Florida

I have a friend who just went back to school to pursue her master's but she is presently pregnant. She is 8mths to be exact. Unfortunately her baby's father is not being supportive, for example financially. This is stressing her out which is not good for her or the baby. To him it is a joke because he believes that he is untouchable because he is illegal in the U.S. He actually said to her and I quote, "You or anybody will not make me pay child support. You can try but I will never pay." He does not have a social security number so he can not be tracked down, but it's clear that if someone lives on his/her own and is able to pay rent, owns a cellphone etc, then that person is definitely earning an income. He works but does side jobs where he is payed in cash. He owns a bank account but currently he has minimum to no money in there in case he gets deported and lose his money. He sends his money back to his country where he currently has a loan. I personally think it's unfair to my friend who is unable to survive because the burden of her bills plus the things she needs to provide for the baby is crippling her. She only has a part time job which does not make her qualify for FMLA. When she has the baby, she will not beable to work for some time. Who is going to pay her bills? At this point she is unable to save because she is paying her medical bills etc without any help while this guy thinks it's a joke. He is in the U.S illegally and instead of helping with his unborn child medical bills etc, he sends his money back to his country. Can you help my friend? Imagine being pregnant and stressed out. I do not want anything to happen to my friend or her baby. Is there anything that the U.S immigration can do because she has to wait until the baby is born to take him to court for child support, but she needs the help now. I know by the type of guy he is if he is threatened that he will be sent back to his country he may do what he is suppose to because he does not want to go back. Thanks in avdvance for your help.

A concerned friend.


Asked on 3/02/11, 7:29 am

1 Answer from Attorneys
Dianne Brooks The Mandel Law Firm

Tell your friend to hire an attorney or to go to legal services. Even though the father is illegal, if he is named on the birth certificate he is obligated to pay child support. He can be taken to court, forced to submit to a paternity test and be slapped with an order to pay. If he does not pay child support it will jeopardize any attempts he makes to re-enter this country or to legalize his status. He may not want to expose himself to any of this and the possibility of being deported, so he may voluntarily pay. Even if he is deported, whatever child support orders continue to be enforceable.

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Answered on 3/02/11, 8:57 am


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