if im 17 & have a baby by a 22 year old, can i put him on child support without him getting in trouble?

i had my baby when i was 16 and he was 21, we recently had birthdays tho.. he's in jail and i need financial help with my daughter and since we arent together i was gonna put him on child support. will he get in trouble for our age difference? or does it matter b/c im 17 now? by the way im in texas and my mom doesnt have a problem with it.

Update:

wow i knew some a.holeswould have negative things to say but i didnt ask for all that. to those of you who ACTUALLY answered my question, thank you very much.

14 Answers

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  • Linds
    Lv 7
    9 years ago
    Best Answer

    Since you were 16 when it happened and he was over 18 yeah he can get into trouble. I'm surprised your parents didn't press charges on him for statutory rape. Probably a good thing he's in jail a 21 year old has no buisness sleeping with a 16 year old.

    Now this may very by state, but I'm pretty sure I heard that if person you are seeking child support from is in jail, while they are in jail they do not have to pay child support. Now I could be wrong, but that's what I've heard.

    You'd be better off seeking help from a place for unwed mothers. They'll have the programs and the funding to support you and your child..

  • 9 years ago

    In Texas, the legal age of consent is 17 years old. Since you had the baby when you were 16 and he was 21, than he could get in trouble for having sex with a minor. The age difference is not the problem in this case. Even if you were 17 and he was 34 he wouldn't get in trouble since Texas does not have an age gap provision. Whether your mom approves or not, the Texas State Attorney could bring charges against him. If you did file for child support, it would have to go through the court system. You would not be the one who puts him on child support, but rather it would go through the proper channels in the court system and they will decide if he pays or not and how much. Since he's in jail now you won't likely collect anything until he gets out. Child support will accumulate while he is incarcerated, but you won't see any of the money until he gets a job. Since he is the father, he should be required to at least financially support your child. Don't worry about him getting into trouble since it sounds like he already is. Meanwhile you should qualify for a variety of social services such as WIC. Contact your local Department of Human Resources to get a case worker who can help you file the proper paperwork. Ask for help from family and friends as well as local charitable organizations. Many will help provide diapers and clothes to low income families. You may also qualify for Medicaid to help with medical expenses. It's time consuming and you often have to apply for programs you ultimately don't qualify for, but it's worth the effort to apply for help if you need it. ADDED: In most states, charges of statutory rape can be filed by the victim, the victim's parents, or the state's attorney. Even if you and your mom approve of the relationship while you were under the age of consent, the state of Texas can still bring charges against him. Also, it would be a good idea to get a job to help pay for your baby's needs. It's good to have help from agencies when you need it, but your ultimate goal is to become self-sufficient so you can provide for both you and your baby. It is going to be hard being a young single-mom, but it can be done and you'll need to make many sacrifices to provide the best for your baby.

  • 9 years ago

    You should be able to ask for child support without 'pressing charges' for stat rape.

    Your mother would be making that charge (and requesting child support from the father) and will be requested by the authorities to press charges.

    Depending on the age of consent in your area, your mother should be able to state that she will not be pressing charges - and the government will have to abide by her wishes.

    If you are under the age of consent (or were when you had sex), they will charge him even if your mother doesn't care.

    If you want to test the water, go to your school counsellor (or if you're out of school now, to the police station) and make a general inquiry on "behalf of a friend". They'll know it's you, but so long as you don't have a baby with you, they can't hold you.

    You'll want to ask if given your ages and age difference if you went looking for child support would the court automatically charge him - or would it be up to your parent or guardian to make such a charge.

    You'll probably also want to ask if someone who is in jail can provide child support.

    Also if your ex/boyfriend/whatever IS in jail, consider what he was put in there for - and how pissed off he might be if you come banging for milk money while he's in there. It might be worth your time (even if you bear him no ill will) to let due process keep him in there for a little while longer. You know, before you have to move and change your name.

  • 9 years ago

    Look up the laws, last I knew 17 is the legal age to consent to sex, BUT I also heard of the 3 year rule, 17 and 20 is leagal....but beyond that I would google it or something. I would put him on child support though, he needs to support his daughter.

    Source(s): from tx
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  • 9 years ago

    Girl ppl always have something negative to say. Dont let ppl who have nothing else to do but leave smart a$$ remarks online to ppl who are looking for HELP get to you. They dont have a life of their own. But putting him on child support while he's in jail isnt going to benefit you at all. you can apply for government assistance, if the funds are available and you need the help minus well take advantage of it till you can get on your feet or until he is out and able/willing to help you. No the age thing shouldnt be a problem your their for child support not for them to evaluate your life.

  • ?
    Lv 6
    9 years ago

    Is 17 an adult? No. So yes, its still matters. And it would still matter even if you were 18 now... The incident happedn when you were a minor so your parents could press charges on him at any time if they so desired.

    And like the first person said, what difference does it make? He should have a few extra months tacked onto his sentence for having sex with a freakin MINOR!

  • ?
    Lv 6
    9 years ago

    LOL.. you are going to "put him on" child support? How do you expect a man in jail to have money to help you? And GREAT choice getting involved with a jail bird.. you sound super intelligent.

  • 9 years ago

    Well if he is already in jail, why does it matter if he gets into more trouble. He has obviously already made bad decisions in life. In Texas 17 is considered a legal adult, so no he shouldn't get into more trouble than hes already in.

    Source(s): Mom of 2
  • ?
    Lv 4
    9 years ago

    No, not unless someone pressed charges against him for it. I hope you realize you won't be getting any money while he's in jail. He'll be required to pay back-payments for what he missed though.

  • 9 years ago

    Perhaps start living your life by always thinking first "what's best for my baby"

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