If pregnancy occurs from statutory rapemustchild support be paid?

My boyfriend was only 14 years-old and a 20 year-old was having sex with him. She got pregnant and did not tell him until he was around 19 years-old. Now he is in serious debt for child support. Can’t he sue or get out of child support because it was statutory rape? Is there anything he can do?

Asked on September 13, 2010 under Family Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The fact that it was statutory rape has nothing to do with the obligation to support a child. Any man who fathers a child is expected, morally and legally, to help support it. So while he should speak with a family law attorney, to see if there's some way to at least reduce or modify the support (especially if it's more than he can, as a practial matter, afford), it is very likely that he will continue to have to pay, and the fact that he was underage when he fathered the child does not exempt him of his responsibility for and to it. If he doubts it's his child, then he should speak with an attorney about getting a paternity test, since as a general matter, a man would not have to pay to support another man's child.

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