A drunken asshat asked that question via twitter, I am starting to understand twitter, I was right in that it attracts these people because the depth of their intelligence is about 140 characters. But I digress.
It did pose an interesting question though, that question being could the male talent be forced to pay child support. The answer might surprise you.
I called an attorney friend and offered lunch. She knows that the only time I do this is when I want to pick her brain for free but she takes pity on my financial status and agrees. She specializes in Family law.
Over sandwiches at Panera Bread I pop the question.
I am shooting a couple who prior to today never met each other. They are performing a boy girl and they don’t want to use a condom. She is not on birth control but doesn’t say that.
Now a couple months go by and she finds out that she is pregnant, she has no intention of terminating the pregnancy and through paternal DNA testing down the road it is proved that he IS the father.
Can she sue him for child support?
The attorney seems surprised I would even ask, and unlike most legal questions this one has a short answer….Yes. Open and shut, cut and dry he will pay child support.
I ask what about in California? Again the answer is a terse Yes.
OK I say, lets complicate the matter, what if I as the producer do not allow them to use a condom, even though they wanted to, could I be sued for child support. She contemplates this one a bit, before answering, well anyone can sue anyone, but this would be an interesting case. You wouldn’t be liable for child support but you could be sued for damages by both parties, and they would win I think. She notes that we are diverting from her area of legal expertise.
She then asks me if I knocked up one of my actresses…I laughed and pointed out that I require condoms these days. Smart move, she says.
To my knowledge no actress has sued an actor for child support but I do know of at least a few cases where they got pregnant on set and chose to keep the child. I know of MANY more where they got an abortion. It does give one pause, if you are a male performer.