Legal Question in Family Law in Indiana

Obligations of a unweds father before and after the birth

My son and his girlfriend are expecting a baby, they where living together, but it didnt work out, he moved out. He is paying her $200.00 a month to help her out. Put she claims that she can force him to pay all her bills if she can't continue to work. The rent and utilities are all in her name. He under good faith has tried to help her. He knows he will have to pay support when the baby is born. Is he under any obligation to pay her way before the baby, she is getting medicaid for the medical bills. Please help me out. Thanks


Asked on 5/08/01, 10:14 pm

1 Answer from Attorneys

Dorene Philpot Philpot Law Office

Re: Obligations of a unweds father before and after the birth

She sounds like she's going to be a handful.

If he CHOOSES to help her with her living expenses before the baby is born, it's a gift.

Tell him to make sure he gives her checks or money orders so that he can show he has tried to help, which will make the court sympathetic to his situation.

He is obligated to help pay part of any MEDICAL costs she incurs, but if she's on Medicaid, those will be minimal or non-existent.

He does NOT owe her a place to live, utilities, whatever, because he is not married to her. If they were married, there's more of a duty there.

Yes, he will have to pay support, but it will be based on his income compared to what she would earn if she worked. If she chooses not to work, that's fine, but the court will probably still impute income to her (assign an amount that she COULD earn, if she chose to work). The only other factors will be child care costs, health insurance costs for the baby and a visitation credit. Otherwise, the child support calculation is purely mathematical.

If he's interested in having a relationship with the baby, he needs to get paternity established --getting his name on the birth certificate, completing a paternity affidavit and getting on the putative father registry.

Otherwise, she can deny him his rights to the child and could even adopt out the child without his knowledge or consent.

Hope this answer helps.

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Answered on 6/21/01, 7:19 am


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