Paternity and Child SupportThe issue of paternity and child support obligations sometimes comes up when a couple divorces. If the father has questions about whether the child really is his, he may request a DNA test to prove he's the biological father. If it turns out that he's not the child's father, there's a chance he may not have to pay child support. Whether child support will be ordered in such situations will depend on the circumstances of the case and the state in which the child support issue arises. In some states, if a man is the presumed father of the child, then he may be required to pay child support. A man may be assumed to be the father of a child (unless either parent provides evidence otherwise to a court) based on the following circumstances:
That's just a brief overview of the paternity and child support issue. Below, you can read over the various questions and answer to get a better idea of individual circumstances. Paternity and Child Support Questions
Is the father of my unborn baby responsible for medical bills? Scarlet's Question: Is it true that the father of your unborn baby has to split the medical bills with you? And if so, how would I go about filing for that? Brette's Answer: You need to file a paternity/support case. Can I file for child support if I think he's the father? Rita's Question: I have a 2 year old son. I reunited with a man online who promised to take responsibility and pay support and that he thinks the baby was his. I just filed for child support and now he doesn't want to pay it. Can he be made to pay? Brette's Answer: The only way to know who a child's father is is through paternity testing. If you honestly believe this man is your child's father, you can start a proceeding for paternity. If he is the father then you can file for child support. Note that if he is the father, he would have the right to seek visitation and possibly custody. »Return to top Can I petition the real father for child support? Lashonda's Question: I was with my ex for 14 yrs and I was abused. I got pregnant by somebody else and was scared to say anything. When the baby was born, my ex signed the birth certificate. Now we are no longer together. Can I petition the real father for child support? Brette's Answer: You'll have to have a paternity test and paternity proceeding, but yes you can. If your ex-husband paid child support though, you may have a problem and have to repay it. Can I file for child support if he did not sign the birth certificate? Tisha's Question: Can I still file for child support if the father did not sign the birth certificate but he is not denying the baby? Brette's Answer: Yes, but paternity needs to be legally established first. Check with the court clerk about what you need to file first. Good luck. Can I get support if we share custody but he's not on the birth certificate? Kristy's Question: My son's father and I are separated and he is not on my son's birth certificate. He takes him three nights a week. There is no court order put in place, that's just his choice. So basically he has him half the time. He doesn't pay any kind of child support and he doesn't think he should. If he has him half time is he still responsible to pay child support? Brette's Answer: It sounds like having things organized into a court order would make everything clearer for everyone. Yes, you would still be entitled to child support - the schedule you describe is not 50/50 and even if it were, child support could still be possible, depending on your state laws. I suggest you get an attorney if you can afford one. »Return to top Does he owe child support if another man signed the birth certificate? Question: My husband had an affair with a married woman before we met and they conceived a child. The woman told her husband and he forgave her and decided to take on the child as his own. Her husband signed the birth certificate and took his last name. The child is now 7 years old and my husband has never seen her. He was never ordered to pay child support but pays on his own free will. We are thinking of having a child and the extra money could come in handy. She has since divorced that man and married another. Does my husband still have to pay support? Brette's Answer: Since there is no court order for child support he's not obligated to pay anything. And really I'm pretty surprised he's doing this voluntarily if he isn't even allowed contact and the husband is the legal father. If the woman wants to enforce child support, she would need to go to court and have paternity legally established and then seek a child support order. Your spouse could also seek custody or visitation. I would be interested in knowing what her divorce settlement says with regard to paternity and child support! She could be double dipping - getting it from her ex and your husband. »Return to top Is he required to pay child support if he isn't the natural father? Mary's Question: My husband and I have been together for 12 years. My youngest child was six month old when me met, and he has been the only father-figure in her life. Is he required to pay me child support? Brette's Answer: Your husband is only required to pay child support if he legally adopted your child. Does he have to pay support if tests prove he's not the father? Korina's Question: Does a man have to pay child support if he signed the birth certificate. A DNA test shows that he is not the father. Brette's Answer: If there is a DNA test showing he is not the father, it is very unlikely the court will hold he is the father. If a court rules he is not the father, he may have no obligation to pay child support. »Return to top Can he refuse to pay support until he gets a DNA test? Martha's Question: My ex was ordered to pay child support. He hasn't paid yet because he wants a DNA test. I have tried to set this up three times and he say that he wants to courts to deal with it. What can I do? Brette's Answer: If you have a child support order, go back to court to enforce it. If he wants a DNA test it's up to him to tell the court that. Until then, he's legally responsible to pay the child support. Do I have to pay back the child support if he isn't the father? Trisha's Question: I was pregnant with another man's child before my husband and I got married. Since we've been separated, I applied at the CSEA to receive child support. He is going to contest it. I am wondering if I will have to pay the support money back to him once it is determined that he is not the father? Brette's Answer: It is possible. You should talk to an attorney in your state who can help you with this. One thing to remember is that whoever is the biological father could be ordered to pay you and you could turn this money around to your spouse. »Return to Paternity and Child Support Questions Copyright WomansDivorce.com. All rights reserved.
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