On behalf of Stange Law Firm, PC posted in Child Support on Monday, February 3, 2014.
The concept of child support is one commonly discussed where divorce is concerned. The term may also arise in cases where couples who were never married, split, leaving one parent to handle the day to day matters and expenses concerning the children. Until recently, few St. Clair County residents likely heard it in the context of a sperm donor. A man who lives in another state was recently ordered to pay child support to the lesbian couple he donated sperm to so that they could conceive a child. A now 4-year-old girl was conceived through the use of his donation.
The court made this ruling despite the man’s contention that he had a written contract with the women that stated he did not have to provide support to the child. The lawsuit seeking back child support was actually commenced by the state of Kansas, where the man resides, after the parentage of the girl was discovered when one of her mothers sought assistance from the state. Its basis is a provision of the Kansas Parentage Act which requires that the donation of sperm be done with the supervision of a doctor, which in this case it was not. The law relieves those who go through the process under doctor supervision of financial obligations.
The man was ordered to pay a total of $4,000 for benefits the state previously provided the girl’s mother in the form of public assistance. He was also told he needed to pay child support. The man’s lawyer indicated they may appeal.
There is no question that child support plays an important role in the lives of many children. In the state of Illinois there are guidelines in place to help determine how much is owed and to whom. They take into account many different factors including each parent’s income, the time sharing arrangement and the costs associated with caring for a child.
As this case illustrates, family law matters can be complicated. Had the sperm donor worked with a lawyer to craft an agreement it is possible they would have found a way to circumvent the statute.
Source: ABC News, “Kansas Sperm Donor Ordered to Pay Child Support,” Susan Donaldson James, Jan. 24, 2014