A
female
age
41-50,
*elissa.magusara
writes:Hi there! Id like to ask if a woman who tricked a man to get herself pregnant can still claim for child support. You see, I'm married to a guy who already has an illegitimate child before we met. The woman admitted she deceived the guy by asking him not to use condoms and claiming she just had her period. Lo and behold, she was pregnant and gave birth nine months after. She only admitted to the guy that she was having his baby while she was already in her 6 months of pregnancy and promised ''I won't disturb you, i won't ask anything from you. I just want this baby." She also admitted that to me several months ago, saying her period is very regular and predictable that she knows when she would ovulate and that she literally deceived my guy just because she wants to have a baby very badly. Since it has already happened, my hubby thinks its only fair for the child to receive the love and support from his dad even though he was conceived out of deceit. That is why my husband and I regularly send him support just enough for his basic needs and visit him when we can. The problem now is, the mother wants to ask more just so she can give her son extravagant parties (so she can show off to her friends) and enroll him to expensive schools. She also made mention that she wants to claim for child support. Though, we can afford to send her bigger money, we also want her to be responsible of 50% of the expenses since she planned the whole thing. My husband and I also think, extravagant parties and expensive schools are not part of his basic necessities. But if she files for child support, it would be hard on our part to prove she planned her pregnancy. We really love the child and want to stay connected with him but we don't want her to abuse our kindness. So my question is, can she still claim for child support?
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Fancy yourself as an agony aunt? Add your answer to this question! A
female
reader, anonymous, writes (28 August 2011): your husband should talk to a lawyer about this.
I'm no lawyer, but some how it seems that there is more to this than just child support, does a child being born cancel out the fact that fraud was committed?
however it may be hard to prove in court that it was fraud and that it's not just your husband trying to shirk responsibility. so that's why he should get a lawyer to figure this out.
life is unfair, and when you make mistakes unfortunately you have to bear the consequences so maybe that's just what this boils down to.
A
female
reader, anonymous, writes (27 August 2011): Your husband is liable and will have to pay child support. You may counter with joint custody ie you'll have the child half of the time, which your husband (as the father) is entitled to. This would also bring down the child support payments.
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A
female
reader, Aunty BimBim  +, writes (27 August 2011):
 Regardless of why and when if your husband fathered the baby he is still liable to support the child.
While it is laudable that your husband and you are visiting the child as often as possible, if the parents are unable to come to a mutally agreeable arrangment for financial support the best thing to do is for both parties to seek reputable legal advice.
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A
female
reader, anonymous, writes (27 August 2011): Yes she can claim child support. Your husband should speak to a lawyer. Child support is based on a percentage of income. The amount he pays may seem fair to you (may even be fair) but it still might be below what a court would order. If the woman does decide to pursue this legally he may have to make catch up payments for the difference. Be sure to keep accurate records of everything you give her so that they can produced in court if necessary.As despicable as the woman's actions were, your husband was no innocent bystander. He was certainly old enough to have a basic understanding of human reproduction. He ought to have known that her having just had her period was no protection against pregnancy and he should have been immediately suspicious by her request that he not wear a condom. He chose to have sex and he chose to have it without protection. Please be careful that you don't make this YOUR mission. Let your husband do the leg work.
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A
female
reader, unmeidaagonyaunt  +, writes (27 August 2011):
 According to Canadian law, the circumstances of the child's birth would have NO bearing whatsoever on potential child support. All that matters is (a) is there a child involved, and (b) what are the financial holdings of each parent?
In other words, the guiding principle is the child's interest, NOT either parent. In other words, assuming that the child is his, a child support order is likely.
Get the child to take a DNA test. Also, tell your man to get a lawyer. He'll need one.
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