In a case out of Colorado's neighboring state of Kansas, a man has asked a judge in Shawnee County District Court to find that he does not owe child support. The case against the man was filed by the Kansas Department for Children and Families and they want the judge to find that the man is responsible for paying child support for a child born to a lesbian couple in 2009.
The man and the two women signed a contract that allegedly waived the man's rights to any parental claim, as well as any responsibilities. This, in their understanding, also included child support. According to the Department of Children and Families, though, the contract is not valid because the woman who gave birth to the child did not have a licensed doctor artificially inseminate her. State law requires a physician to perform the procedure in order for someone to be considered a sperm donor.
The man's attorney says that what the Department of Children and Families is wanting the court to do is something that no court in the United States has ever done. This is because neither the mother nor the man want this ruling by the court, according to local media reports.
An attorney for the state has also asked the judge in the case to order a paternity test, but the judge has decided to wait on that request for the moment until other issues in the case have been considered.
The man's attorney wants the judge to find that his client is not the father of the child and that he has no responsibility to pay any expenses for the child, including child support.
The next hearing in the case is Aug. 13.
If you believe you are entitled to child support or you are in need of child support modification, you should contact a Colorado family law attorney. You have rights and responsibilities and your attorney will be able to advise you as to the best course of action in your case.
Source: koaa.com, "Sperm donor asks judge to waive child support judgment" No author given, Jul. 24, 2013