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James1969 · Dec 24, 2011, 08:08 AM

Does Law allow a married man(India) to have a child from a single American woman in USA?

ScottGem · Dec 24, 2011, 08:35 AM

You need to expand this question more. US law does not prohibit this. Nor does it criminalize it. However, US law requires that you support the child. I don't know about Indian law, but if you explain the situation further we may be able research if.

James1969 · Dec 25, 2011, 07:53 AM

Thanks for the reply.The Man in question is self employed,settled in India and willing to support the child in USA.How do I get the child support details?What is the usual procedure?How is the expenses of a child determined?Kindly ask if any specific information about the Man is needed.

ScottGem · Dec 25, 2011, 08:23 AM

Who are you in this?

Support can go one of two ways. He can voluntarily send her something every month. However, if he does that, it would be considered a gift and he might be held liable for back support at some future time.

The better way is for the child's mother to go to court and petition for child support to be set. He can have someone represent him in court for this. Or he can just let it default. Once a court issues the support order, it can be sent to him and he can pay the ordered amount.

I don't know if there is a reciprocal support agreement between the US and India, but if he is willing to do the right thing, he can send the support payments as court ordered.

AK lawyer · Dec 25, 2011, 08:33 AM

Originally Posted by James1969

Thanks for the reply.The Man in question is self employed,settled in India and willing to support the child in USA.How do I get the child support details?What is the usual procedure?How is the expenses of a child determined?Kindly ask if any specific information about the Man is needed.

As you may know, there are 50 states in the U.S. Child support is determined by the laws of one of those states (or a territory, if not within a state); it is not a Federal question. So the details may differ from state to state.

But generally, the custodial parent (mother, in this case), would file a lawsuit in court, asking for custody and child support. Each state has a formula for support, factoring in such viariables as the income of each parent, etc. If both parents are in agreement, this can be done by stipulation.

Child support is sometimes administratively ordered by state agencies established for that purpose.

But again, the details will depend on which state the mother and child are in.