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Can you make a male babysitter pay Child Support?

Only the child's parents are obligated to support the child

by Maria Laura
22 July, 2022 - Updated on 7 March, 2023
in Social Security
Can you make a male babysitter pay Child Support?

To begin with, you must understand that the only ones who can be obligated to pay child support are the child’s biological parents. Regardless of whether you have a female or male nanny, forcing them to pay child support is impossible because they have no responsibility for the child.

Even if they spend a lot of time with the child, there is no way to assign this responsibility to anyone apart from the child’s biological parents.

Contents

  • Who is responsible for child support?
  • How does child support work when you are not married?
  • Can a parent be released from payment?
  • What if you suspect it is not your child?

Who is responsible for child support?

Under the law, the only people who can be held responsible for child support payments are the biological parents. However, if another person wants to voluntarily become responsible for these payments, they may do so.

If the custodial parent has a new partner, they can sign an affidavit of paternity where they assume responsibility. However, it can complicate the process of removing the responsibility from the biological father.

In any case, there is no possibility of forcing a third party to take responsibility for this payment by demanding that he pay monthly child support. No law can force him to do so; on the contrary, the legal father could lose custody of the child.

Even if there is a new partner who refuses to be responsible for the child’s expenses, they are within their rights. There is no way to petition the court to be awarded that responsibility.

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How does child support work when you are not married?

The operation of the laws relating to child support is the same regardless of whether the parents are married or not. The child is ultimately the biological child of both parties, and therefore, both have equal financial responsibility for the child.

The parent responsible for child support will be the parent who does not have custody of the child and spends the least time raising the child. Furthermore, remember that the laws in each state change according to the needs of the local citizens.

Can a parent be released from payment?

Once the monthly child support amount has been designated by a court, getting a waiver to stop paying isn’t easy, even if the custodial parent requests it.
It must be by agreement if they decide that the custodial parent will no longer be responsible for the support. It can also be avoided if the paying parent suffers injuries or disabilities that deprive them of responsibility.

What if you suspect it is not your child?

When suing for child support, if the defendant’s father is unsure if he is the biological representative of the child, he can say so and take a paternity test to find out if the suit will go forward.

Of course, the court will tell you which clinic you will go to, and the results will go directly to the prosecutor handling the case to avoid any inconvenience due to mishandling of the results.

You will notify you of the exact day and time that the test will be performed, and you will also know the day that you will go back to court to know the final results of the lawsuit. If you are not the biological father, there is no way to force you to pay child support.

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