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 presumed to be the father of a child (unless he or the mother proves 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
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. 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 she had an affair and was pregnant. 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 never went to court about this and was never ordered to pay child support. He pays on his own free will. He did have a DNA test in the past to prove it was his. We are thinking of having a child and the extra money could come in handy. From your web site I gathered that the man who was married to her at the time and signed the birth certificate is responsible for the child. Is this true? She has since divorced that man and married another. 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. What if he signed the birth certificate but isn't the real 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. He's not the natural father. Will I have to pay back the child support? 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.
Related Articles: Brette Sember is a former family and
matrimonial attorney and mediator, nationally recognized expert, and author of
many books including
The Divorce Organizer & Planner,
No-Fight Divorce, and
How To Parent With Your Ex.
This column provides general information about the various aspects of divorce. It is not intended to take the place of legal counsel and should not be considered personal legal advice. For specific recommendations concerning your situation, please retain experienced legal counsel. WomansDivorce.com and Brette Sember disclaim any liability from any claim arising from any information contained in this column. This column is not a substitute for legal advice. Divorce
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