Do I have to pay child support if I didn’t want the mother to have the baby?
Yes, you have to pay child support even if you didn’t want to mother to have the baby unless you surrender all rights to that child. The fact that you still have to pay child support if you didn’t want the child is a matter of public policy. Child support cases are not concerned with fairness to the parents but only consider what would be in the child's best interests. Enter your ZIP code below to speak with a local attorney about your child support payments.
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Mary Martin
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Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...
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UPDATED: Jul 13, 2023
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We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.
UPDATED: Jul 13, 2023
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
On This Page
If a pregnant woman decides to have the baby, even if the father did not want the child, the father is not exempt from providing child support for the child. The mere argument of not wanting a child or not expecting its birth is not an argument against having to support it, and there is no obligation on the part of the mother to have an abortion or support a child on her own whether the father wanted the child or not. In fact, the court looks at what is best for the child, and considers a child’s best interest to be served when both parents provide financial support. This is true regardless of who did or did not want the baby, or who is at fault for an unwanted pregnancy.
Child Support Rules for Children Born Out of Wedlock
Although it might seem fair that a father who didn’t choose to have the child should be required to pay support, the matter is one of public policy. Essentially, the courts primary concern is that children receive the care and support they need. Child support cases are, therefore, not concerned with fairness to the parents, but only consider what would be in the best interests of the child. Children are better off when they receive support from both parents, therefore, where there are two parents the court will require both to support the child regardless of circumstances. There has even been a case where a father was ordered to pay child support for a child born when the mother used semen obtained from oral sex to inseminate herself. Despite the fact that the father had no realistic expectation of fatherhood, because it was in the best interests of the child he was ordered to pay child support.
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Cases Where the Woman Promised to Have an Abortion
There is no legal statute in any state that says a woman is required to go ahead with an abortion under any circumstances, including those where the father of the child either expects or wants her to do so. Interpreting the privacy rights in the Constitution, the Supreme Court determined in Roe v. Wade that the mother has the ultimate right to make this decision up until the last minute, and cannot be penalized for it. Not requiring the father to pay support because she said she would not have the child would likely be considered penalization.
An abortion is, by law, the choice of the woman carrying the baby, and regardless of what she says to the father or what he expects her to do, the fact that the baby is born means that he is responsible for paying child support, provided that he is legally the biological father of the child and has not otherwise terminated his parental rights. The only way to avoid paying child support is to terminate any and all parental rights to the child, something you may not do unless both the child’s mother and the court agree to it.
Getting Help
To get help understanding what options – if any – you may have for dealing with child support for an unwanted child, you should consider speaking with a lawyer.
Case Studies: Child Support and Unwanted Pregnancy
Case Study 1: Health Insurance Coverage for Unplanned Pregnancy
A woman discovers she is pregnant but did not plan for or expect the pregnancy. She has health insurance through her employer, and she wonders if her insurance policy will cover the costs associated with prenatal care, delivery, and postnatal care.
After reviewing her policy, she finds that her health insurance does provide coverage for pregnancy-related expenses, including maternity care. However, deductibles, co-pays, and coverage limits may apply. She contacts her insurance company to clarify the details and determine her financial responsibility.
Case Study 2: Life Insurance and Unplanned Parenthood
A couple who are expecting a child unexpectedly pass away in a tragic accident. They had a life insurance policy that named each other as beneficiaries. However, they never updated their policy to include their unborn child.
The question arises as to whether the unborn child is entitled to any benefits from the life insurance policy.
After consultation with an attorney and review of the policy terms, it is determined that the unborn child may still be eligible to receive a portion of the life insurance proceeds, as long as the child is legally recognized and meets the necessary requirements.
Case Study 3: Auto Insurance and Unplanned Car Usage
A woman borrows her friend’s car without prior planning or obtaining permission. Unfortunately, she gets into an accident while driving the vehicle. The owner of the car had auto insurance coverage, and the woman wonders if the insurance will cover the damages caused by the accident.
After reporting the incident to the insurance company, it is discovered that the policy does not cover unauthorized use of the insured vehicle. As a result, the woman may be held personally responsible for the damages and liable for any associated costs.
Find the right lawyer for your legal issue.
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Mary Martin
Published Legal Expert
Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...
Published Legal Expert
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.