Published on:

San Jose Divorce Attorney Discusses Child Support

San Jose Divorce Attorney Discusses Child Support

Is the father of those octuplets liable for child support?

With all the hubbub surrounding the recent birth of a set of octuplets in California, information has begun to filter out about the family situation of these children. First, their mother has six other children, and is apparently divorced. It is unknown who the father of these eight children are at this time, but it seems likely the children were conceived through some sort of assisted reproduction.

The real question is, who is the father, and is he liable for child support for these children?

Both parents are liable for the support of their children under California law. However, where a parent’s parental rights are terminated, that parent is no longer liable for support, and similarly has no rights to the child.

If the father of these octuplets was anything but an anonymous sperm donor, it seems likely he could be asked to pay child support, particularly if the mother requires public assistance to survive. Agreements to waive child support are not enforceable.

However, if the father is an anonymous donor, it is probably the case that the mother signed a waiver of support and the donor a waiver of parental rights, meaning he has no rights and no obligations to the child as a result of the donation.

How big is a child support payment for eight kids, you ask? Child support depends on two factors (primarily): income and timeshare. So, eight kids from a moderate income family may receive less support (per kid and overall) than 2 kids from a high income family. So, there’s no way to know how much support the father would potentially pay without knowing more about his financial situation, but one thing is for sure, he’ll pay more for 8 kids than he would for 2 in the same circumstances.

Here at Sagaria Law, we offer a full range of family law legal services, from child support to custody and visitation matters. We handle all types of family law actions, including parentage, dissolution and support. We have five Northern California locations including San Jose, Redwood City, Fremont, Salinas and Sacramento. We offer a free thirty minute consultation, either in person at any of our offices, or over the phone. Call our offices today to schedule your free consultation with one of our family law attorneys: (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com