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Can a 20 year old child sue for child support from their father if no paternity test was given?
Wiki User
∙ 13y ago
Sue for child support? That would be up to the mother to do. And if she did sue, she would be the one to get the money if she won, not the young adult child since the mother was the one who raised and supported the child.
Wiki User
∙ 11y ago
Wiki User
∙ 10y agoI am the 40 year old child, mother deceased and paternity never proven can I legally make the father take a DNA test because he refuses to?
Wiki User
∙ 13y agoBefore there's any discussion of child support, paternity must be established. Also, child support is awarded to the custodial parent/State, not the child.
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Is it mandatory in the state of Mississippi for a child to have his or her father's last name if the parents are not married but the father is paying child support?
I�m assuming the last name is different because the father did not voluntarily acknowledge paternity? I assume this because in Mississippi, if you're unmarried but paternity is acknowledged (by both parents signing an acknowledgement of paternity form) then the father�s name is listed on the birth certificate, and the child is given the father�s last name--unless both the mother and father agree otherwise (and if they agree otherwise, then I believe an affidavit has to be filed in regard to that). You can file for child support even though the child does not have the father�s last name. If Dad has not voluntarily acknowledged paternity, then paternity would have to first be established, and a DNA test would be ordered. Once paternity is established, the court will order that Dad�s name be added to the birth certificate, and "In the event of court-determined paternity, the surname of the child shall be that of the father, unless the judgment specifies otherwise." (Per Mississippi Code 93-9-9) I�m originally from Mississippi, and in every single case that I�ve personally heard of involving court-determined paternity, the child's last name has been changed to that of the father's. But I will admit that the cases I know of involved very young children (so no situations of a child who�d had Mom�s last name for 10 years and then suddenly had that changed). I'm getting wordy, I know :) To answer your question--is it *mandatory* for the child to have the father's last name in order to receive child support? No. Is there a chance that the child's last name might be changed? Yes.
If an unmarried father signs a birth certificate does this give him parental rights?
An unmarried father must establish his paternity and arrange for a custody hearing if he wants custody. Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Remember, a child's mother can always be identified by medical records. Since the father didn't give birth and he was not legally married at the time of the birth he must establish his paternity by signing the birth certificate at the time of birth (waiving DNA testing rights) which must be done with mother's consent. If he doesn't sign the birth certificate then he must seek another way to establish his paternity and that is done through a DNA test. A paternity test can be arranged through the court. Once paternity has been established the father can request visitations, joint custody, full custody or the court will set up a schedule of regular child support payments for the child if she is to remain in the custody of her mother. The court will schedule a hearing and issue an order that is in the best interest of the child.
Can your husband adopt your son if his biological father doesn't pay child support or see him?
If you were an active partner in the home when the child was adopted then of course you need to pay child support. Stop looking for loop holes. Your signature on an adoption is just as much a lifetime commitment to care for that child as is the act of procreating with your wife. Be a man and pay up. It is after all CHILD SUPPORT. They need you.
If we legally change the child's surname does the father still have to pay child support?
No - the child's name is irrelevant to this.But, he has the right to sue to change it back.If the name was changed legally, then the biological father would have had to have given up his rights so that the child could be adopted by the stepparent. Depending on the state, county, etc,..... he may not have to pay.
Will my child get his fathers last name in the state of Georgia since we are not legally married?
The father would need to prove paternity if the parents were not married. He would also need to provide evidence the change in name is in the best interest of the child. If the child lives with the mother who has custody it is unlikely the court will allow the name change. If the father didn't marry the child's mother there is no reason for the court to allow the child's name to be changed.
Is it mandatory in the state of Mississippi for a child to have his or her father's last name if the parents are not married but the father is paying child support?
I�m assuming the last name is different because the father did not voluntarily acknowledge paternity? I assume this because in Mississippi, if you're unmarried but paternity is acknowledged (by both parents signing an acknowledgement of paternity form) then the father�s name is listed on the birth certificate, and the child is given the father�s last name--unless both the mother and father agree otherwise (and if they agree otherwise, then I believe an affidavit has to be filed in regard to that). You can file for child support even though the child does not have the father�s last name. If Dad has not voluntarily acknowledged paternity, then paternity would have to first be established, and a DNA test would be ordered. Once paternity is established, the court will order that Dad�s name be added to the birth certificate, and "In the event of court-determined paternity, the surname of the child shall be that of the father, unless the judgment specifies otherwise." (Per Mississippi Code 93-9-9) I�m originally from Mississippi, and in every single case that I�ve personally heard of involving court-determined paternity, the child's last name has been changed to that of the father's. But I will admit that the cases I know of involved very young children (so no situations of a child who�d had Mom�s last name for 10 years and then suddenly had that changed). I'm getting wordy, I know :) To answer your question--is it *mandatory* for the child to have the father's last name in order to receive child support? No. Is there a chance that the child's last name might be changed? Yes.
If custody is given up do you have to pay child support?
If you're the father
Does a 15 year old father have rights to his baby?
Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Remember, a child's mother can always be identified by medical records. Since the father didn't give birth and he was not legally married at the time of the birth he must establish his paternity by signing the birth certificate at the time of birth (waiving DNA testing rights) which must be done with mother's consent. If he doesn't sign the birth certificate then he must seek another way to establish his paternity and that is done through a DNA test. A paternity test can be arranged through the court and once established the father can request visitations, custody and set up a schedule of regular child support payments for the child.
IN the state of Missouri does an unwed mother automatically have legal custody of the child?
Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Remember, a child's mother can always be identified by medical records. Since the father didn't give birth and he was not legally married at the time of the birth he must establish his paternity by signing the birth certificate at the time of birth (waiving DNA testing rights) which must be done with mother's consent. If he doesn't sign the birth certificate then he must seek another way to establish his paternity and that is done through a DNA test. A paternity test can be arranged through the court and once established the father can request visitations, custody and set up a schedule of regular child support payments for the child.
What is tested in a paternity test?
A paternity test is a relatively new scientific development which allows the biological father of a child to be correctly identified. With this technology available, there is no reason to leave the question of paternity unanswered. A great deal of emotional trauma and even legal problems are easily avoidable due to the paternity test. Benefits of Determining Paternity Identifying the father of a child with a paternity test is beneficial to both the father and mother. It allows the father an opportunity to know for certain whether a child is his, and allows him to petition a court for rights to visit the child. It also allows the mother to request that the court require the father to offer financial support for the child. How Does Paternity Testing Work Every human cell contains DNA. This DNA is used during a paternity test to determine if a particular person is the parent of the child in question or not. Each person has a unique set of DNA that is directly linked to the DNA of their parents. When the DNA of the child, mother and presumed father are all compared, paternity is determined when enough pieces match. When can Paternity Testing be Done A paternity test can be accurately performed either during pregnancy or after the birth of a child. Pre-natal paternity tests involve retrieving a sample of DNA from the unborn child or from the placenta. This method does involve a small degree of risk. A paternity test can be more easily performed after the birth. This test involves taking a small tissue sample by swabbing the inside of the cheek with a cotton swab. Testing can also be carried out through the use of blood or other tissue samples. Once all required samples have been collected, they are sent to a lab for comparison. At-home paternity test kits are available for purchase and use in the privacy of the home. These test kits utilize the cheek swab method of sample collection. The samples are then sent to the lab and results are usually available in as little as three days.
Does the father of a child born out of wedlock have to give his consent for the child to be given his last name in Tennessee?
In the US, the parent[s] can give the child any name they choose. However, doing so does not establish paternity.
Will my ex pay less child support if im marrying someone wealthy?
Probably not, given that the new marriage does not terminate the child's father's legal responsibility to support the child.
Should i let my child go with her father even though we weren't married and paternity wasn't granted?
What does that mean, "paternity wasn't granted" If it wasn't granted then he is not the father of your child and he has no rights to the child. If paternity has not been yet established, then that is a horse of another color. My standard answer is this, why not?? Has the father done something to make you think he will take off with the child, does he treat the child badly or is he violent or abusive? If any of these are true then certainly you should limit his contact, however, if he is a loving and caring father, that has given you no cause to doubt him in the past, then by all means, children need and deserve the love of both their parents. Marriage has nothing to do with anything.
Do you have to repay extra child support payments made by the father?
No, if the father of your child has given you extra money, it is considered a gift and does not have to be repaid. This is why it is recommended that no cash be exchanged between parents and only through a child support recovery unit.
Can a mother move out of the country if the father is paying child support?
mother of my child moved out of the country with telling anyone and i owe back child support, ive been given a petition to go to court what will happen ? its in ny
If a child don't have my last name and i did not sign anything saying the child is mine do i still have to pay child support?
Whether or not you have to pay child support depends on the laws of your jurisdiction. In many cases, if paternity is established, the biological father is legally obligated to provide financial support for the child regardless of the child's last name or whether any documents were signed. It is best to consult with a family law attorney to understand your rights and responsibilities in your specific situation.
Does a father still have to pay child support if the child has a baby before the age of 18?
Yes. It is the parents responsibility to provide support to a child until they are 18, or 19 and in school. If that child has given birth it is of no consequence in terms of child support unless the child was legally emancipated. Having a baby does not legally emancipate a minor.
