Despite birth control error, clinic not liable for child support
Spokane area parents who receive child support payments each month understand the importance and assistance that the check can give each month. When a payment is missed or goes unpaid, it can create a significant financial burden on the parent with custody. Typically, a court will order the non-custodial parent to pay a percentage of his or her income monthly, as child support. The payment is made in order to give proper care and a financially stable upbringing for the child.
Recently however, an unconventional lawsuit was brought against a clinic that gave a woman vitamins rather than birth-control pills, and as a result, the plaintiff sought child support payments. The lawsuit claimed that rather than receiving birth control pills, the woman was given prenatal vitamins and became pregnant. A state appeals court ruled that the woman cannot collect child support payments from the clinic, but she can sue the clinic for other financial damages including pain and suffering, postpartum depression and loss of future earning capacity.
While the majority of child support cases are clearer cut, it does not always mean the process is simple. Due to the significant importance of regulating child support, both agencies and courts work together to set out a child support order, and if necessary, implement collection mechanisms and penalties.
If you are experiencing problems regarding child support issues or disputes, a family law attorney can help to evaluate your case and work with the appropriate groups to help get child support payments made. There is a great deal of support available in the community, including district attorneys, courts, and agencies who can help get child support payments as soon and as straightforwardly as possible.
Source: Oregonlive.com, “Clinic doesn’t have to pay child support after birth control error,” Jan. 30, 2013