It doesn't matter to whom you are married as long as the father is listed on the birth cerificate. You need to go down to your local family court courthouse and obtain the paperwork to file for a child support hearing. Then you will go through that process, with or without a lawyer, and a child support order will be issued and then the father will be legally responsible to pay you child support.
Simply take the father to court, a dna will be administered. But, if you do that, then your husband will lose all legal rights as to the upbringing of the child, his ideas to the court will mean nothing. If you have your husband adopt the child, then the bio-dad will have no rights nor will be obligated to pay support, but bio-dad will have to sign those rights away.
Having a child by another man while married creates a very complicated legal situation for your husband. You need to consult with an attorney.
They look it up up in the database through other ways. like last know address and mothers name things like that
This question is a complicated one in that the laws of paternity do not necessarily establish the biological father as the father for child support purposes but rather look to the circumstances surrounding the case. Your husband is what is known as a presumed father, which is essentially a man that was married to the mother when the child was born, legally agreed to be the father of his wife's child (by signing the birth certificate, and has acted and behaved as the child's father. You cannot receive child support from both the presumed father (if he is still your husband) and the biological father (assuming he admits to being the father) and a court would likely determine your husband to be the father for purposes of child support.
No. He can sign over his rights but he would still be liable to pay child support. The only time he doesn't have to pay child support is if a stepdad wanted to adopt the child, then the biological father doesn't have to pay child support if he signs his rights away.
The biological father is the legal father. The husband is not the father unless he decides he wants to claim that title and wants to raise this child. Slim to none on that one. More likely you are going to be a single parent, so go after the bio dad for child support. He owes his child that.
To clarify, if you mean a woman has had an affair and become pregnant? If this is the case, and the husband is aware of it, he can order a paternity test to determine if the child is his or not. If it is not, as far as I know, the woman can go after the man who fathered the child for financial support. Support obligations only belong to the actual biological father OR a father who has legally adopted a child. There is a whole moral issue though - if the parents are staying together, does the husband want to alienate this child by not supporting it and how would he live in the same house and not support it? So really it depends on if the couple stays together. If they don't, the husband has NO obligation to support the child.
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.
Unlikely. Your husband is the legal father of the child.
If your husband is not the child's father, it might depending on the situation.If your husband is the child's father, then yes.
No.No.No.No.
If you mean, the child's mother (ex-wife) has custody, the child's father (ex-husband) is obligated or potentially obligated for support.
yes see my profile
no because if you had a baby with another man your ex husband does not pay you with more child support because that is not his child
Actually, there is nothing in a name. You can change your child's name to your favorite actor's last name if you like. Relinquishing child support from the father would only take place if your new husband got permission from both you and the child's father to legally adopt your child. This would in turn mean that your ex-husband is not legally your child's father any more. Which can cause other issues. For example, in the event of your ex-husband's death, your child would not be eligible for SSI benefits because the child is not legally his anymore.
If this involves a case where the child is the result of an affair, and does not reside in a putative father state in which the husband would be the presumed father, he would not be served. see related article below
Your ex-husband's death does not change your support obligation - the child's needs continue. And, even if the child is of the age of majority, the money is still owed the father's estate.
In many jurisdictions, the husband is presumed to be the child's father unless paternity is established by other means. The biological father would likely be required to pay child support even if the mother is married to someone else.
Yes unless the mother gets remarried and the child is adopted by the new husband
This question is a complicated one in that the laws of paternity do not necessarily establish the biological father as the father for child support purposes but rather look to the circumstances surrounding the case. Your husband is what is known as a presumed father, which is essentially a man that was married to the mother when the child was born, legally agreed to be the father of his wife's child (by signing the birth certificate, and has acted and behaved as the child's father. You cannot receive child support from both the presumed father (if he is still your husband) and the biological father (assuming he admits to being the father) and a court would likely determine your husband to be the father for purposes of child support.