Does the father of a separated unmarried couple have to pay all child support when mother is not working at all?

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Does the father of a separated unmarried couple have to pay all child support when mother is not working at all?

The couple broke up (never married) and the mother took away the 2 kids, back to her mother’s house (without the father’s consent). Still the father worked and has always being giving the children money, even though he couldn’t be with them. Until now, she’s allowing him to see them, every once in a while (when she wants to), and he still gives them enough money for the 2 kids. The mother is unemployed for several months now, and is asking him for more money (’cause she can’t pay her rent.) Can she do that? Or can the father legally ask her to find a job, so she can support the kids too?

Asked on March 16, 2012 under Family Law, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

What the Father needs to do is to go to court to establish paternity and support for the children.  She is not entitled to any support - they were never married.  He is providing out the goodness of his heart but he needs to establish an amount and visitiation and custody rights.  Now.  And the courts can impose that request in a much better fashion than the father.  Good luck.


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