== == == == Due to the advancements in simple paternity testing, over 30% of those paying child support are learning they are NOT the father of the children.
Now, it could be claimed that the children need a father, and any father will make due, but if the man files a challenge for custody. or even to enforce court ordered parental rights to see the children, in most states, the mother can make a showing of evidence that he's not the father and thus doesn't deserve the right. But, if she does, she loses her claim on child support. However, she can than file a retroactive order against the bio-dad, if she's not already living with him.
In 20 states, once a man is paying child support, he cannot challenge paternity, but in the other 30 States, he has only 24 Months to learn he's not the father, and file a challenge against being obligated to pay child support. These restrictions are not equally applied to the mothers in a defense of a challenge for custody by the father. In January of 2009, the Kansas Legislature turned down the passage of a law to allow challenges to paternity even in cases where the man has never had contact with the child. The issue rose from a case involving a man who had a claim filed against him while on Active Military Duty when he was unable to return to the US to challenge the claim. Child support claims not limited by the Soldiers & Sailors Civil Relief Act of 1990 (SScRA).
In June of 2009, Missouri became the 30th state to pass the law. Signed by Governor Jay Nixon, it followed the pattern of the other states with the law of having a 24 month limit on a man to learn he's not the father of the child, whether or not he's had contact.
There should be Mandatory Paternity Testing not only in all new Child Support Claims, but perhaps in at the time of all new births. to prevent the mother from filing for retroactive child support on the bio-dad after years of marriage with the child supported by a man who thought he was the father. The words of the day for all men who've been told the are to be a father should be:
Yes, but if the alledged father signed the birth certificate or a declaration of parentage in many US states the results of a test to establish parentage may not be enough to relieve that person of their financial responsibility. This would be especially true if the man has been living with the mother and child or paying support for the child.
No, whether they allowed them or not. Even in the 30 states that now allow them, most have a 24 month limit to learn you're not the father and file. Your best option is to file for custody, as the mother is allowed to block it based on the fact that you're not the father, but she forfeits her claim if she does. The downside to that is you don't get paid back, and she can than file a retroactive child support claim against the bio dad.
If you have contact with the child, you can use a simple paternity testing kit, bought off the internet to determine if you are the father, but it is not admissible as evidence. It requires only two samples, so the mother need not know.
In Florida it is two years or from the time the petition for support is filed, forward.
Yes. Depending on the state, the mother can wait up to 23 years to file for up to 18 years in retroactive child support, even if the man never knew he had a child. see links below The meaning of "legitimized" isn't clear, but paternity must be established prior to the entry of any order for support.
Make an official request from child support enforcement. see links
This depends on a number of factors. The age of a child has a lot to do with parental rights. The divorce or separation degree may already have specific information about this topic. It would be best to hire an attorney or mediator to help work this out for you.
Child support payment is something that is set out in a legally binding contract. Either set by a judge, or worked out between the two parties. In most cases payment ends when the child turns 18, and at that point the parent with custody has no legal right to child support(I do believe the age may be higher in certain areas).
The court can not order a paternity test after the child turns 18. The child is considered an adult at 18 years old.
what do I do if my child's father is no where to be found what do I do if my child's father is no where to be found
No.
Yes. If paternity has been established the father will be required to pay child support until the child is at least eighteen.
You can turn to the court for that, only they can do this. If he has not paid child support in 3 years you should have turned to the court 3 years ago. Paying child support is not a choice and they can take it straight out of his wagers.
Your start paying child support and do so until the child is 18 years old. see links
Paternity test. If that proves the child is his, get a lawyer. Good luck!
Generally, there are no steps. You can just stop paying beginning the month after the child's 18th birthday.
Yes. Depending on the state, the mother can wait up to 23 years to file for up to 18 years in retroactive child support, even if the man never knew he had a child. see links below The meaning of "legitimized" isn't clear, but paternity must be established prior to the entry of any order for support.
Yes, if in cases of unmarried persons paternity has been established. If pataernity is uncertain then it will be required by the court before a petition for child support can be addressed. Collection of child support for years passed is only possible if there was a valid court order for support relating to the year(s) in question.
Make an official request from child support enforcement. see links
wow, that's a good one.. There are so many conditions to this.. It's going to depend on if the mother received public assitance at any time during those years. If paternity is in question. If the order is something that's being requested direct from the other parent. Or if the order is being sought by a Child Support Agency. You have to be more specific with your question.
No matter what age or in school. Child Support is until 18 years of age.