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Child support question in same-sex divorce case

Gay and lesbian couples in Colorado have availed themselves of the right to legally marry in our state since even before the U.S. Supreme Court's ruling in the Obergefell case. With marriage, some are finding, come a number of legal issues. Unfortunately, same-sex family law is in some cases left trying to catch up to the realities of same-sex marriage.

For example, a lesbian couple married in 2013 and relocated to another state as part of one partner's service in the U.S. military. That partner was called to active duty throughout most of 2015, and while she was deployed, her spouse sought out a sperm donor and became pregnant. Shortly after her deployment ended, the military spouse filed for divorce, and her partner had the baby during the divorce process.

The military spouse is now seeking to terminate her parental rights to the baby. She argues that her partner became pregnant without her knowledge or consent, and that she should therefore not be obligated to pay child support.An initial family court ruling rejected her request, and she is currently appealing to her state's supreme court.

The eventual ruling in this case could have a significant impact on the emerging field of same-sex family law and child support. As we can see, child support is one particular aspect of same-sex marriage that can become unusually challenging from a legal perspective. Spouses dealing with legal matters specific to same-sex marriage or same-sex divorce may wish to enlist the support of a legal professional with experience in this field in order to help protect their rights in court.

Source: NBC News, "Hawaii case draws attention to same-sex child support issues," Dec. 14, 2017

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Mary Kay Kramer, P.C.
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