Paternity,and,Child,Support,Do family Paternity and Child Support
Raising a family can be challenging and stressful at times. However, the common goals and emotional, financial, and physical investments made can be a common bond between husband and wife. One that compliments their marriage relationship.Of A lot of women avoid wearing nice clothes when they getpregnant because they believe that they look fat or ugly. You know that theresnothing more beautiful than a pregnant woman glowing and smiling, so youshouldnt hide your body during p
Q: Does he owe childsupport if another man signed the birth certificate?Signing a birth certificate does not in itself determine parentage andhas no affect on a legal matter such as court ordered child support. There are two things, possibly three whichmust occur in order to determine whether child support will become ordered andpayable. The first is that the custodialparent whom we will assume is the mother in this case must make an applicationto the court and have the case heard. Whateveramount of child support the court orders must be paid. Second, somewhere along the way custody ofthe child will have to be determined. This can occur before the court hears the case for child support, duringthe same court proceeding or afterwards. Custody is the primary factor because it determines who the primaryguardian of the child is and thus who should receive financial support fortheir care and support. Lastly, apaternity test may be ordered. Paternitytests are not required to enter into a support agreement but in the case ofunmarried parents can make the difference between whether an order will beentered or not. In the case of marriedparents, the law assumes that any child born during the course of the marriageis a child of the marriage. Q: Is he required to pay child support if he isn't the naturalfather but has raised the child as his own? If he adopted the childthen the answer is a very easy one: yes. By adopting the child he became the legal father. If the child was not adopted by him then itbecomes more complicated. Generally what the courts want to see is that thechild has a father. If he has heldhimself out to be the father for many years, emotionally, mentally andfinancially and the child has no other father then the courts may decide thathe indeed has become her De Facto father. Situations of this type are seen on a case by case basis. Q: What if he signed the birth certificate but isn't the realfather? If a child support order is already inplace then he has an obligation to continue to pay the support while this ishashed out in court. There is no easyanswer and it is a case similar to the scenario above. If he has paid child support and been afather (and the only father) to the child for many years, there is apossibility that the courts may order him to continue. However, especially in the case of paternityfraud, if a DNA test proves that he did not father the child he may be able toremove his name from the birth certificate and absolve himself of any legalresponsibility.Q: Can he refuse to paysupport until he gets a DNA test? If you have already goneto court and have received a child support award then the answer is no. He must follow the court order and pay thesupport as the court has required. If hehas refused stating that he wants a DNA test then you have every enforcementoption available to you and you should use them. If he wants a DNA test then he shouldpetition the court for one and follow through. Until that time comes he is still obligated to pay.Q: He's not the natural father. Will I have to pay back the childsupport? That depends on what hedoes. If he simply contests yourpetition the worse case scenario is that your petition may be refused. If he takes it another step and files amotion for relief for his financial harm and your possible fraudulent behaviorthen there is a good chance the courts will rule in his favor and you will beobligated to repay the money. Of courseyou can always re-file for child support from the biological father and if youare ordered to re-pay this man you can use some of that money for your paymentschedule.
Paternity,and,Child,Support,Do