Can a woman file a child support order for an unborn child without marriage?

[agent]

hi...im a filipina working in a call center. im 5 months pregnant with my american bf. i thought he was single and doesn't have any child but i found out he has wife and son. i am so stupid i get pregnant with him. we actually planned this pregnancy. when i found out he has a family he told me to wait for him after 3 months,he said he will get rid off his wife. i told him no need since i don't like to be the reason to break his family. he never support me since we had relationship. i get income on my own. i already have a son and he knows about it. i asked him to send a child support a little amount since my salary is not enough but it's been a month and i missed my prenatal check up because he never send me his support. i wanted to know if i will be able to get a child support?and what will i need to get a child support?should i bring this case to his embassy since he never send any child support?i always beg him but instead his not talking to me. he told me that he will take care our baby but he never did. i will appreciate all the information i will get from u guys...thanks

[goddessoflubboc]

You cannot file for child support until there is a child and a legal father.

[agent]

to goddessoflubboc----but my baby's father not talking to me...

[goddessoflubboc]

When I posted my answer I could only see your question, not the explanation.

It doesn't matter if he's speaking to you or not. Only once the baby is born can you file a petition for child support. He will likely request DNA.

I am frankly not familiar with your country's agencies so I don't know where you will start.

[agent]

i will let him do DNA test...his working in army...i am just not sure what should i do,i'm afraid that US embassy will not listen to me or help me

[Friend In Court]

Originally Posted by agent hi...im a filipina working in a call center. im 5 months pregnant with my american bf. i thought he was single and doesn't have any child but i found out he has wife and son. i am so stupid i get pregnant with him. we actually planned this pregnancy. when i found out he has a family he told me to wait for him after 3 months,he said he will get rid off his wife. i told him no need since i don't like to be the reason to break his family. he never support me since we had relationship. i get income on my own. i already have a son and he knows about it. i asked him to send a child support a little amount since my salary is not enough but it's been a month and i missed my prenatal check up because he never send me his support. i wanted to know if i will be able to get a child support?and what will i need to get a child support?should i bring this case to his embassy since he never send any child support?i always beg him but instead his not talking to me. he told me that he will take care our baby but he never did. i will appreciate all the information i will get from u guys...thanks

Since the father is in the U.S. military you may be in better position than most to (1) have him submit to paternity testing and, (2) collect support.

His commander is who you will want to contact for the paternity testing once the child is born. Here is some information from a law blog you may find quite helpful.

"

Army Regulation (AR) 608-99 prescribes Army policy on financial support of family members, child custody, visitation, paternity, and related matters.

Q: WHAT ARE A SOLDIER'S OBLIGATIONS UNDER THE REGULATION? A soldier's obligation includes:
(1) maintaining reasonable contact with family members so that their financial needs and welfare do not become official matters of concern for the US Army.
(2) conducting themselves in an honorable manner with regard to parental commitments and responsibilities.
3) providing adequate financial support to family members.
(4) complying with all court orders.

Q: WHO IS RESPONSIBLE FOR ENSURING THAT SOLDIERS ARE INFORMED OF THE ARMY POLICY ON SUPPORT OF FAMILY MEMBERS AND ENFORCING IT?

Commanders and their staff are responsible for ensuring that soldiers know about and comply with the policy when consistent with other military requirements and ensuring that any action or non-action on their part does not encourage or facilitate violations of court orders or AR 608-99 or avoidance of a judicial resolution of issues relating to paternity, child custody, or support by soldiers and family members.

Q: IF A SOLDIER FAILS TO MEET THE REQUIREMENTS ABOVE, WHAT CAN THE COMMANDER DO? The commander can consider: \
(1) Taking adverse administrative actions (i.e. letter of admonishment, letter of reprimand).
(2) Issuing the soldier an Article 15 (non-judicial punishment).]
3) Issuing a bar to re-enlistment.
(4) Preferring formal charges under the Uniform Code of Military Justice (UCMJ).

Q: IF THE SOLDIER FAILS TO MEET THE REQUIREMENTS, CAN THE ARMY DEDUCT MONEY FROM THE SOLDIER'S PAY? The Army has no legal authority to deduct money from a soldier's pay without the soldier’s consent unless a civilian court has ordered garnishment or involuntary allotment. If there is an order for garnishment or involuntary allotment, the Defense Finance and Accounting Service (DFAS) can deduct money directly from the soldier’s pay. Depending on the specific circumstances, a maximum of 50 to 65 percent of the soldier’s pay may be withheld to satisfy the child support obligation. DFAS will only garnish military pay (not allowances); however, the civilian court, in calculating child support, may consider all pay and allowances. "

In essence, the Army requires its personnel to uphold high standards not just in the field and performance of their job, but in their personal affairs so as not to bring the military into disrepute. This married man who conducted an adulterous affair, then impregnated you and is leaving you without any concern for the child he sired fits into that category for which he can be disciplied, it appears, under the Army Regulation. So contact his commander.

[agent]

where can i find my boyfriends commander official?...can anyone help me?

[Lexus]

However, for custody disputes between unmarried parents, courts give preference to the mothers. An unmarried mother is automatically considered the custodian of the child.If unmarried parents are not together, the mother does not need to seek a custody order As long as the mother has the child's birth certificate and can show proof of her identification as being listed the mother on the birth certificate, she can claim custody. If a mother is not married when her baby is born, the biological father is not considered the legal father of the child until paternity is legally established.

[Friend In Court]

Originally Posted by agent where can i find my boyfriends commander official?...can anyone help me?

If you know what unit he is detailed to, you can start with the Army -- the based in the Philippines, first. If they cannot help, then to the Pentagon, Washington, DC.

[agent]

friend in court...thank you so much for replying,is there anyway i can see his unit through his uniform?i have an army friend but his too busy. his the one who told me that my bf was in army and his rank is E7...

lexus...i am still pregnant,i am 5 months pregnant.we have planed this baby. i have all our conversation to our email. i didn't know that he was married. he told me that he will support but since i get pregnant he only help me once.i will be needing some help on how i can get a support for my child. i don't like to contact or tell his wife that i was pregnant since i don't like to cause any trouble. i am also a victim here but i don't like to make things worst. i wanted him so badly and want him to leave his wife for me but i never tell that to him since i am not that bad person. sometimes we talk but when i ask sometimes some help from him since i have check up every month he stop talking to me.