Can the father of a child be ordered to pay child support if another man's name is listed as father on the birth certificate?
Yes if, e.g., genetic testing establishes that someone other than the man who is listed on the birth certificate is the child's father. Also, in Illinois, the man who signed the birth certificate has 60 days to rescind his acknowledgment.
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How can a father who pays child support and whose name is on the birth certificate change the child's last name to his if he and the child's mother were not married?
Answer - In most states, if the parents of a child are not married, then the mother is the sole "legal" parent of the child. Paying child support gives you no legal rights. Child support is not about anything other than helping to support a child whom you fathered. In my state, it does not even quar…antee that you will get visitation rights. So, if you wanted to change the child's name - you should have married the mother!! . That is the mother's choice and ultimate decision. ( Full Answer )
How can the father of a child be ordered to pay child support if his name is not on the birth certificate and his last name is unknown?
\n. \n Answer \n. \n. \nIf the couple are unmarried paternity must be established before a child support petition can be filed.\n. \nIf the father refuses to take a paternity test the court can order him to do so.\n. \nThe matter of not knowing his last name is indeed troubling and may be …reason enough for the court to deny any motion for testing or support.\n. \nContact the department of family and children's services or the state health and human services in the state of residency for assistance. ( Full Answer )
If the father does not sign the birth certificate because the baby does not keep his last name does he still have the responsibility to pay child support?
Yes he does. The mother can request a court-ordered paternity test. If the test is positive then the court will issue a child support order and the father can request a visitation order as well.
Can you still receive child support from the alleged father if another person's name is on the birth certificate?
No, the father on the birth certificate is financially responsible unless proven that he's not the father by DNA. About 12 years ago in the state of NJ The court ordered me to pay child support to the biological father (Dna test showed I was not the biological father) The court called me the psy…chological father so in the courts opinion I was her father. And like the biological Mother he also drank it away. ( Full Answer )
If the father and Mother never married but the father does pay child support and his name is on the birth certificate and she is refusing visitation what are his rights?
He can, and should, file a petition with the Court to grant him visitation. Regardless of paying child support, he has the right to see his child unless he is deemed to be a danger to the child (sex offender, drug charges, violent crimes etc). If he is low income - usually double the poverty rate, s…o under abount $20,000 a year - your state's legal aid services can help him file for free or a few hundred dollars, income dependent. Google legal aid for your state. If not low income, get an attorney and have him/her ask, in the petition for visitation, that the mother pay the attorney fees and court costs. This is a no brainer and visitation will be granted (unless the danger factor is present - in which case don't bother filing until you clean up you life.) ( Full Answer )
Yes. He didn't complain when it went in, so he can't complain when it comes out. MY OPINION. Is the man so shallow to think that he can do what ever he wants and have no responsibilities? It sounds like he believes that abortion is an option. He wants the easy way out (for him only). Sexual interco…urse has it's risks and one of them is a possible pregnancy. Suck it up and help support the child. I am a father and would do anything for any of my children. Legally he is obliged to pay child support for any child he fathers but on that note i believe if he is not on the birth certificate (has not parental rights) he is not oblidged to pay child support (or have rights to access to the child either). You could legally write up an agreement between the mother and the father for child support instead of going through the agency as an option. And your child support should be apportioned to how often you care for your child. Please note: Dont let people make judgment on your child custody/ support case as everyone is in a different boat. I personally believe both sides have a say in contraception so both are at fault if pregnancy occurs and i believe both should have a say in what happens if pregnancy occurs but it seems in this day and age the female rules completely. If she wants a child she will have one. I am a female and have seen both sides of the story many times and am sick of the way fathers get treated most of the time (yes there are exceptions to every case). To cut a story short child support is the law and although sometimes the law doesn't look so balanced we must all obey to make the world as balances as possible. Unfortunately the world is grey and the law is often seen in black and white, ( Full Answer )
United Kingdom : Yes. But he is entitled to proof via a DNA test. If the PWC refuses DNA test then the application doesn't proceed. United States : Yes. The mother can request a paternity test through the family court. If he determined to be the father then she can obtain a child support order…. ( Full Answer )
Yes, when either the mother or the state department of revenue files a complaint for child support against him. The court will issue an order that can include back support.
The name on the birth certificate is not as important as actual parentage. a DNA test will supercede whatever's on the BC.. Therefore, if you're talking about the actual genetic father, Child Support can be invoked by the court.
Yes, even if the fathers name is not on birth certificate she can go to the local Child Support Enforcement & open up a case against him. It helps if you know the SSN, last or current job & last or current place of residency. This will help them move faster in getting what is owed to your child. I…f you don't have all or some of the information it will take longer. Hope this helps. ( Full Answer )
If the mother does not put the fathers name on the birth certificate does he have to pay child support?
If you are looking for governmental support you have to provide the father's information and he will have to help support the child.
That will happen if the child gets adopted not otherwise. Even if you give up your parental rights you still have to pay.
If the father does not sign the birth certificate but the baby keep his last name does he still have the responsibility to pay child support?
I believe as long as the baby has his last name he should have to but even if not you can order him to get a DNA test and prove it is his if that's the case.... But if there is no name on the certificate then i don't think anything can be done....also i don't thing you can give the baby his name if …he is not on there ( Full Answer )
I am being informed that I am the father of a fourteen year old who has been raised by another man since birth and he is the named father on the birth certificate how is child support figured?
You should consult a lawyer. You may request DNA proof of paternity. The name on the birth certificate may be of value in settling the matter.
If you sign birth certificate do you have to pay child support if later you are found to not be the father?
No. However, if the alleged father has signed the birth certificate, he is acknowledging that the child is his. There are steps to take in order to be taken off of the birth certificate and relieved of the obligation of child support, including a paternity test and an amendment to the birth certific…ate. ( Full Answer )
If child is 22 years old and there is a chance that she belongs to another man other than the listed father on birth certificate can the listed father get back child support from mother?
If you live in the US, and assuming this a case where he actually paid Mom child support... Many men have tried this, and to the best of my knowledge they have all failed to be successful. There are many considerations behind that 'reasoning' by the court, but the bottom line is, you'd likely just b…e throwing your money away trying. But go talk to a local attorney about it. ( Full Answer )
Yes..My husband has a court ordered child support and he is Not listed on the birth certificate of his Son.
If the fathers name is on the birth certificate does he have to pay child support if he and the mother aggree not to?
If the mother doesn't seek a child support order no one will make the father pay. However, keep in mind that the mother can always change her mind and get back child support in the future. If the child and/or mother are receiving any state assistance the father will be required to pay child support.… Fathers are responsible for supporting their children. If the mother doesn't need the child support then she should put it in the bank for the child's college education. ( Full Answer )
If he has not paid willfully for a long period , then he will loose all rights to the child.
Yes, plus the mother can wait up to 18 years to file for a retroactive child support order. ---- Single Fathers As a single man, you have NO ASSUMED RIGHTS to the child. Watch the movie trailer at the link below about a single father. áµ But, some recent material shows there's a poss…ible option that you could file for custody even before the child is born, in the state where the child was conceived. Get an order enter forcing a DNA test, unless one has already been done. DO NOT PAY ANY KIND OF SUPPORT FOR THE CHILD UNTIL A DNA TEST IS DONE, AS IT ACKNOWLEDGES YOUR FINANCIAL RESPONSIBILITY FOR THE CHILD. Once you begin paying child support, regardless of whether you are the father or not, you can be required to continue paying. If you are paying without a court order, it can be considered a gift, with you ordered to repay for the same time period, especially if she's on Welfare, up to 18 years worth. If one has not been done, go to the child support enforcement to setup a voluntary order. Wait for them to file against you will result in you paying all court costs of up to $5000.áµ á¶ Take a certified parenting course. The court is going to order you to take it anyway, so by showing you've taken it only looks good to them. Start keeping a daily journal of all your activities. The most common way to prevent a father from getting his rights through the courts is a false allegation. A daily journal is your number one piece of evidence in court and you can even refer to it while on the stand. Gather evidence. Check the site below to see if it is illegal to record conversations without the other person knowing. If your state does not have a law either way, than it defaults to the federal ruling which says one person in a conversation must know they are being recorded. You're that one person. In Missouri it is specifically legal, in Kansas there is no mention either way. If you live in two different states, and one has a law against it, than it applies when the call originates from within that state. Now, you can't just record, you also have to transcribe it into the daily journal.á¶ If you are being denied access, write her a letter notifying her of intent to exercise visitation on a specific date, like Saturday 10 AM to 6 PM. Sign it and make three copies. Mail the original Certified Mail and the other with Delivery Confirmation (75Â¢ + postage). If she rejects the one, she still receives the other. Whether the Certified Mail confirmation card or the Certified letter comes back, attach it unopened to a copy of the letter, plus a printout of the Delivery Confirmation from the web link below.áµ When you file for visitation rights, take these documents to the County Courthouse. Have the Clerk of the Court notarize it and than place it in your case file. Do this three times before considering going to court. When you do go to court, the judge will these letters while preparing for the hearing. When you show up to pick up the child(ren), bring witnesses. Do not enter her place alone. If you can record, have someone video record. Check the site below to see if it is illegal to record audio and/or video without the mother knowing. If her state does not have a law either way, than it defaults to the federal ruling, which says one person in a conversation, must know they are being recorded. THAT'S YOU! The court will order you into mediation, so take the lead first and suggest it to her. Instead of hiring attorneys, going to a mediator, you can hammer out an agreement. A mediator is an attorney or paralegal with certified training as a mediator. You each have to pay half the fees in order for the mediator to have the appearance of being unbiased. If you and the mother are civil, consider Bird Nest Custody. In this the child lives in one home and each parent live there for 3-4 weeks, than switch. You live with friends, family, rent a room, etc. on the off time. In this manner, your child's life is not disrupted. They are not being shifted back and forth. They keep their own room, friends, school, etc. It is hard on the parents, but than the child comes first. This is the form of custody rocker Ted Nugent had.áµ If you want to learn how to do all this go to Dads House in Yahoo Groups. Upon joining, you will receive a link to an educational manual that can teach you what you need to know. Take the time to learn what you can and should do.áµ ---- áµ Fathers Rights: The Movie áµ United States Post Office: Delivery Confirmation áµ Bird Nest Custody áµ Child Support Calculator á¶ Child Support Laws - At What Age Does Child Support Stop? áµ Dads House Ê° JURISDICTION OVER AN IN UTERO CHILD á¶ Can We Tape Other sites to check Fathers & Families Parental Alienation Syndrome ---- ( Full Answer )
If the father's name is listed on birth certificate does he still need paternity testing before ordered to pay child support?
No, it is up the individual to disprove paternity. You will have to pay until you prove you are not the father.. Answers. With the growing reports on Paternity Fraud in Child Support cases, a paternity test should be done on all births. A Paternity Testing Kit manufacturer is currently producing a… "TRUST, BUT CONFIRM" commercial specifically addressing this. ( Full Answer )
How can the fathers last name be removed from birth certificate Parents never married and father has moved to another state does not pay child support?
As a general rule modifications are not made to birth records. You can petition the court to allow a name change. However, even if a name change is allowed by the court it will not change the name on the birth certificate.
If a mother is seeking child support but father is not listed on the birth certificate who pays for the paternity test?
This depends on the state. In some, if the man is not the father, he's not obligated to pay, while in others he is. If he is the father, he's obligated to pay in nearly every state, plus all court costs. see relate link on post cases
you could request a DNA test if come positive the court will make him pay for sure
Yes, but if you're not married to her, you have no rights to the child. see link
Support for the eldest child should not decrease based on the second child. When determining support for the second child, if any, he court/agency will take into consideration support ordered and actually paid for the first child. . Answer But, this is variable from state to state as a civil ri…ghts issue can come into play. A father does not carry 100% of the care of a child. The mother carries a percentage, but how for you tell the custodial mother that she may not reduce her obligation to the first child when having another. In any intact family, as more children are born, the portion of family resources being spent on the older child is reduced to cover the additional cost of the new child. This is a growing problem with the growth of extended families and can only truly be addressed by restricting all parties to having no more children until the first are grown. This could addressed through the use of Bird Nest Custody. see link ( Full Answer )
Would you be required to pay child support in CA for a child that you are not listed as the father on the birth certificate when the mother intentionally hid the child from the father without cause?
No. If you arent on the birth cretificate, then you arent legally the father, without a blood test, and if the wife hides her son from you, then she should go to hell.
If you are not the father after signning the birth certificate do you have to continue to pay child support?
Depends on the state. In 20 states, yes. In 28 state, yes if paying more than two years. Right now in New York, a man is paying child support to the mother whose now married to the bio dad. see link below.
Although a father has a moral obligation to support his child he is not legally responsible for payment until there has been a support order issued by the court.
Unless you sue the real father, and make him cover the child support. Otherwise, yes, if it is on there you are legally the father.
If the father's name is not listed on the birth certificate but the child has his last name what are the rights of the father?
A "father" is someone for whom paternity has been established. That done, the father would have the right to pay support and petition for visitation.
Do you have to pay child support if your not the biological father but your the father on birth certificate?
Yes, unless you have proved to the court that you are not biologically the father.
Can a man who is the biological father of a child avoid paying back child support if another man is listed on the birth certificate?
My husband actually had this happen to him. He had a one night stand with a girl before we were married. He never saw this girl again, until she showed up with a baby one day and said it was his. In the mean time, when she found out she was pregnant she married another man whom she thought at the ti…me was the father. DNA test proved that my husband was the father, and everyone moved on. Years later the mother and the presumed father were divorced and the mother wanted to seek child support arrearage from my husband. This is a strange position to be in. If a man's name is not listed as the father, and someone else is then he is legally the presumtive father. Once the DNA test is done though and someone else is proven to be the father, they are responsible for child support from the moment they find out they are the real father. The guy listed gets off the hook and the real dad has to shell out what he owes. Trust me, it's ugly and I have lived through the very same ordeal. ( Full Answer )
If a father is not on the birth certificate but pays child support does he have the right to see the child?
Payment of child support would not be a reason to decide custody. Custody and visitation is decided by a judge. The birth certificate is also not a deciding factor either way. You have left out issues such as paternity and whether the payment of child support is voluntary or court ordered and why. T…he judge may take all of those things into consideration. ( Full Answer )
Can a mother get child support for her child if the child is35 and she never order the father to pay?
In most cases, no. 35 is well beyond the statute of limitations for most states.
Does a father have to pay BACK child support if another man has been on the birth certificate for the length of child's life?
If the man sues you after he's been paying for your child, yes the judge can think he should get his money back.
What if your child's father has not legitimized the child and does not pay child support but is on the birth certificate can you get married and have your spouse adopt the child?
Your spouse may adopt the child but the court will have to serve notice of that proceeding to the biological father.
Same as if the mother isn't paying - the State may take various actions to collect, such as wage garnishment, interception of Federal/State payments, liens on real and personal property.
The father is not listed on the birth certificate but is paying court ordered child support in the state of Florida. Can you change the child's last name without the father's permission?
No. The court will ask for the father's name on the petition so that he can be notified. If the father is paying child support he will be sent notice of the name change petition. Even if the child doesn't have his name he can object to the proposed change of name and the court will consider his ob…jection before it renders a decision. No. The court will ask for the father's name on the petition so that he can be notified. If the father is paying child support he will be sent notice of the name change petition. Even if the child doesn't have his name he can object to the proposed change of name and the court will consider his objection before it renders a decision. No. The court will ask for the father's name on the petition so that he can be notified. If the father is paying child support he will be sent notice of the name change petition. Even if the child doesn't have his name he can object to the proposed change of name and the court will consider his objection before it renders a decision. No. The court will ask for the father's name on the petition so that he can be notified. If the father is paying child support he will be sent notice of the name change petition. Even if the child doesn't have his name he can object to the proposed change of name and the court will consider his objection before it renders a decision. ( Full Answer )
Does a father have to pay BACK child support if another man has been on the birth certificate for the length of childs life?
It depends upon the state in which the minor child resides. The majority of U.S. states have a statute of limitations concerning the filing and awarding of child support monies. Aside from that issue, if the male who is named as the father by the biological mother does not voluntarily accept respons…ibility a paternity test will be required before child support matters are pursued. Whether or not the "father" can be ordered by the court to take such a test might also become a complicated legal issue. FYI, generally the law presumes whomever is named on the original legal birth certificate is the father of the child. If said person made no objection to the designation at the time of the birth it is unlikely that a court would hear a motion to take action against another the now alledged father. ( Full Answer )
Can you take the father's name off the birth certificate if the is not the father but is paying child support?
No, you cannot remove his name from the birth certificate without going to court to prove he is not the father. Legally, he is the father and will be responsible for paying child support until the matter is resolved. He can have a DNA test done. He should request one through the court so he can stop… paying child support if the child isn't his. It sounds as though you have been playing a game with him and also with your child. You may also have lied on official documents claiming him to be the father. Be fair and have a DNA test taken so you know who the real father is and don't lead this man to believe he is the father when he is not. Your child deserves to know his/her real father. ( Full Answer )
D.N.A test. INSIST ON IT>PAY FOR IT YOURSELF IF YOU HAVE TO.And if its yours do the right thing
He can't. The only way to not be responsible for your own children is to not have any.
Support and custody are two different issues. While it doesn't bode favorably as far as custody is concerned if the parent is a deadbeat, it doesn't automatically preclude them from obtaining custody if they can prove that in doing so, it would be in the best interests of the child.
Yes and he still have to pay whether he signs the birth certificate or not.
Does a father who is unwed but on the birth certificate with no court documents still pay child support?
An unmarried father becomes legally obligated when a child support order is issued by the family court. If there is no court order any payments are voluntary. However, they should be made by check and the father should retain proof of the payments. Once the mother files a paternity suit and requests… child support, the court can go back in time with a child support order. It may help if the father can prove he was paying prior to the child support order. Typically, the mother or the local social/child services agency on her behalf (if the mother is receiving any public assistance) will go to court and get a judgment against the father to establish paternity and obtain a child support order. Being on the birth certificate may not be enough, though, if he decides to contest the order. He could request an order to establish paternity by DNA testing. You should consult with an attorney or an advocate at the family court. ( Full Answer )
If the man signed the birth certificate knowing he was not the father he may be held responsible for providing child support until the child is eighteen in many states. If he did not sign the birth certificate it is unusual that he is paying child support. If he failed to request a DNA test at the… appropriate time, again, he may have to keep paying. He needs to consult with an attorney who specializes in child support issues in his jurisdiction, who can review all the details of the situation and explain his options. If the man signed the birth certificate knowing he was not the father he may be held responsible for providing child support until the child is eighteen in many states. If he did not sign the birth certificate it is unusual that he is paying child support. If he failed to request a DNA test at the appropriate time, again, he may have to keep paying. He needs to consult with an attorney who specializes in child support issues in his jurisdiction, who can review all the details of the situation and explain his options. If the man signed the birth certificate knowing he was not the father he may be held responsible for providing child support until the child is eighteen in many states. If he did not sign the birth certificate it is unusual that he is paying child support. If he failed to request a DNA test at the appropriate time, again, he may have to keep paying. He needs to consult with an attorney who specializes in child support issues in his jurisdiction, who can review all the details of the situation and explain his options. If the man signed the birth certificate knowing he was not the father he may be held responsible for providing child support until the child is eighteen in many states. If he did not sign the birth certificate it is unusual that he is paying child support. If he failed to request a DNA test at the appropriate time, again, he may have to keep paying. He needs to consult with an attorney who specializes in child support issues in his jurisdiction, who can review all the details of the situation and explain his options. ( Full Answer )
Yes. Legislation will vary according to country but anyone may inherit dependant on the will and testament of the deceased. If the father is not the biological father he may still be the father in the eyes of the law. Should he have legally adopted the child for instance.
Can a man be required to pay child support if another man's name was written on the birth cirtificate and the child has that man's last name and was fathered by that man?
If he is the biological father, yes. That is what counts. If the mother and this man knew he was not the father they have both committed fraud by having him signing the birth certificate. The child have a right to know who his parents are as well.
Can a man be required to pay child support if another man s name was written on the birth certificate and the child has that man s last name and was fathered by that man?
If he is the biological father, yes. That is what counts. If the mother\nand this man knew he was not the father they have both committed fraud\nby having him signing the birth certificate. The child have a right to\nknow who his parents are as well.