Question:

I am filing for divorce and my spouse is currently pregnant.

If our divorce case is finalized before she gives birth, can she be awarded child support for an unborn child?

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Nebraska and Iowa divorce and child support laws where I am licensed to practice.

Many states have statutes and case law which prevent a divorce from proceeding until after the birth of an expectant child. Divorce attorneys are often times required to plead "no children are expected at this time" to have on the record that the wife is not pregnant.

However, if it turns out a party is pregnant, you generally must wait until the child is born to amend the pleadings and conclude proceedings.

Each state has its own child support calculation system. Where I practice, child support is only assigned after a child is born, though it can be made retroactive to the date of birth.

You cannot receive child support for an unborn child.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Omaha, Nebraska Divorce Lawyer Jamie Kinkaid, contact Cordell & Cordell.