Children and the Law
Child Support

How do you get child support when your husband is not the father of your child?


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2012-05-10 22:41:19
2012-05-10 22:41:19

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.

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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.

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.

Can you get child support inArkansasif their father is incarcerated

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

Your husband can only adopt if the girls father willingly gives up his parental rights or the court terminates them. As her dad he will pay child support until the adoption is through. Then your husband have that responsibility and parental rights just like you. So see what your ex wants. The court stops child support etc when the adoption is through.

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

Any father can be sued for child support, and even those who are not the father of the child.

No. The step father has no legal standing on which to sue for child support.No. The step father has no legal standing on which to sue for child support.No. The step father has no legal standing on which to sue for child support.No. The step father has no legal standing on which to sue for child support.

Yes..My husband has a court ordered child support and he is Not listed on the birth certificate of his Son.

If you mean, the child's mother (ex-wife) has custody, the child's father (ex-husband) is obligated or potentially obligated for support.

No. Yes. If the mother is married and her husband is willing to adopt the child(ren).no

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.

Yes, if: the child was conceived/born during the marriage; or, he signed an acknowledgment of paternity.

Yes unless the mother gets remarried and the child is adopted by the new husband

Yes, but she can wait up to 18 years to file for retroactive child support. see related question

If you are the child's father then you really have little legal support to not support your child. Your child is legally entitled to your financial 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.

A child does not have to have the same last name as the biological father to receive child support from that father.

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.

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.

It is not clear from your question whether you are the father of the child. If you are the father of the child, you are legally obligated to pay child support if a child support order has been entered by a court. If you are not the father of the child but are living with the child's mother you are not obligated to pay child support.

In most states, a child born to a married couple is legally the child of both parents, even if the father is not the genetic father of the child. Some states have procedures to challenge that. It is very likely that he would be ordered to pay child support unless he could get a court order ruling that he is not responsible.

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