Child support ordered for twins conceived after divorce

An order to pay child support is most often one that can last for many years and is typically due each month. These payments can be a major negotiating hurdle in many Arizona divorces and separations. Often the parent with whom the child resides primarily will receive child support payments from their former spouse.

Arizona residents may be interested to learn about a recent case where a man was held to be responsible for child support payments for children that were conceived after the relationship with his ex-spouse ended. The young twins were born using a donated egg. Prior to the end of their relationship, the couple had arranged to be placed on a waiting list for donated eggs. After separation, the eggs became available, and the father agreed to allow in-vitro to be used for conception.

After the birth of the children, the mother filed to request child support payments from the father. Though he was the biological father, he argued that payment was not required because of the timing of the conception. Both a lower and an appeals court disagreed, and the Massachusetts father has now been ordered to pay support for the twins.

Though this case is unique, in most divorces involving children there is a parent who is responsible for paying child support. There are many factors in determining the amount of support and the person responsible for payment. This complicated process can be a challenge for many. Nevertheless, those involved would do well to learn about the child support process and understand their rights and responsibilities under Arizona law.

Source: Boston Herald, “Court rules man must support kids despite pact with ex-wife,” Christine McConville, March 7, 2012

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