Ciancio Ciancio Brown, P.C.

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State, not mother, fighting sperm donor father for child support

Most of the time, when child support cases take place in Denver, as well as in other cities throughout the U.S., the disputing parties are a child's parents. A recent case in one state, however, has raised questions about the role the state should play in ordering child support payments, particularly when neither parent is seeking an arrangement or modification to an order.

According to reports, despite having a contract relieving him of any rights or responsibilities to the child, a man has wound up in a child support dispute, not with the lesbian couple who used his sperm donation to conceive the child in question, but by the state of Kansas. The state reportedly is refuting the contract on the grounds it violates state law. No details were released regarding how or where the couple had the procedure done. Under Kansas state law, a licensed doctor must perform artificial insemination procedures when a donated sperm sample is being used.

The man has reportedly petitioned the court to dismiss the state's order for child support. In addition to claiming the contract should be considered valid and upheld, the man's attorney has also argued that this would be a precedent setting order, because neither parent requested the judgment. It was not reported whether the judge would hear statements from the couple raising the child when determining whether or not to enforce a child support order in the case.

Anyone who is involved in a child support dispute, or who is considering filing a motion for a modification, may find it of benefit to obtain legal representation. In addition to looking out for your interests, a lawyer can explain your options and answer any questions that you may have. 

Source: KOAA 5 News, "Sperm donor asks judge to waive child support judgment", Alyse Rzemek, July 24, 2013

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Broomfield Office
390 Interlocken Crescent
Suite 350
Broomfield, CO 80021

Toll Free: 800-746-3560
Phone: 303-872-8919
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Denver, CO 80264

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