If the couple are unmarried paternity must be established before a child support petition can be filed. If the father refuses to take a paternity test the court can order him to do so. The 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. Contact the department of family and children's services or the state health and human services in the state of residency for assistance.
If the father is unknown, you can't file for support.
Yes. Paternity must be established before support is ordered.
Yes..My husband has a court ordered child support and he is Not listed on the birth certificate of his Son.
Yes, but then you would lose your rights as the child's legal father.
Not if it's court ordered. If another man signed the birth certificate and the mother knew he was not the biological father she is guilty of fraud. The father can ask for a court ordered DNA test to prove he is the biological father and she can not refuse this. He can then proceed to get his name on the birth certificate and also get visitation, pay child support and petition for custody.
He can't avoid court ordered child support.
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.
yes,i think your husband can adopt your child.Without notification, the father can challenge. The man need not have ever signed or seen the birth certificate to still be ordered to pay child support.
Depends. Even if he is not on the birth certificate he can still have a court ordered visitation and pay child support. In that case she needs both his and the courts permission.
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 psychological father so in the courts opinion I was her father. And like the biological Mother he also drank it away.
Under UK Child Support law, the CSA would order the test and if he is proved to be the father he would pay for the test after the event.
He can still be ordered to pay. But, if you were the father, than nothing.
Neither ... the " father " has to pay owed child support only when there is an existing case open and ordered to pay said support by a family court judge ... And subsequently has not met all payments if any at all ...
Any such action has to be approved by the courts. See related question
Too many people involved. Leave the birth certificate as it is. Let the biological father continue to pay child support. If the current man marries you and wishes to adopt the child, then that is another matter. Seek legal advice before doing anything to change the birth certificate. No. This would be fraud unless the child is adopted by your boyfriend.
Yes, but in some States this must be done fairly soon after the birth certificate was signed.
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.
When he signed the birth certificate he became the father until/unless the courts rule otherwise.
Yes, unless you have proved to the court that you are not biologically 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 certificate.
If the divorce ordered the father to pay support, he owes that support until/unless the order is modified.
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.
It depends. Assuming the courts have ordered child support, then not paying child support violates that order and the father can be arrested.
Not really. It depends on the situation.