QUESTION
Can a man be ordered child support if he never signed a birth certificate?
Asked on Sep 12th, 2011 on Child Custody - Nevada
More details to this question:
My fiance was ordered to pay child support for his children from a previous marriage. He never signed their birth certificates. The mother wanted it that way.
19 ANSWERS
Family Law Attorney serving Pasadena, CA
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Law Offices of Paul P. Cheng
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How is the child and did he sign the voluntary declaration of paternity?
Answered on Jul 09th, 2013 at 12:42 AM
Roianne Houlton Conner
Yes he can if the children are proven to be his children.
Answered on Jun 25th, 2013 at 1:05 AM
Administrative-Regulator Attorney serving Seattle, WA
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Law Offices of Karen A. Clark
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One's signature on a birth certificate is not the determinative factor. Many jurisdictions require DNA testing to determine who is the father. In some cases, the court will take into consideration whether a person has held out the child to be his or hers and whether that person has formed a bond with that child. If your husband is disputing parentage or the amount of child support, then he should contact an attorney to review the matter in detail.
Answered on Sep 14th, 2011 at 2:38 PM
If this is in WI, and he was married at the time, and then later divorced, listing the two children as theirs, then they are presumed to be his, and his legal obligation to support. The birth certificate does not control. He is entitled to have his name added to it. If there are other circumstances/facts, then he should consult with an attorney to discuss any potential options he may have.
Answered on Sep 14th, 2011 at 12:56 PM
Patricia C. Van Haren
Where a couple is married the husband is not required to sign the birth certificates. Any child born from the marriage is deemed to be a child of the marriage. Your fiance will be required to pay child support for the children.
Answered on Sep 14th, 2011 at 12:42 PM
2 Awards
If Paternity is established by a paternity test or because your fianc never responded to the child support action, he can be accountable for child support regardless of whether or not he is on the birth certificate. I suggest you consult an experienced Family Law attorney to discuss your case in greater detail and learn all of your rights and options. Good luck.
Answered on Sep 14th, 2011 at 10:07 AM
Steven D. Dunnings
If he is ordered by a court to pay child support, then chances are an action was filed to have the court determine that he is the biological father (Paternity Action).
Answered on Sep 13th, 2011 at 12:19 PM
Theodore W. Robinson
If he's the father of those children, he will be required to pay child support. The mother may not have allowed him to sign the birth certificate, but DNA can still provefatherhood. Good luck.
Answered on Sep 13th, 2011 at 12:06 PM
In Georgia, if children are born during the marriage, the husband is the legal father, regardless of who is on the birth certificate.
Answered on Sep 13th, 2011 at 11:31 AM
When a child is born during marriage the father is presumed to be the father. If father did not challenge parentage ate the time then he can be made responsible for child support.
Answered on Sep 13th, 2011 at 11:22 AM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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If your fianc was married to the mother of the children at the time of their birth, he is presumed to be the father under Ohio law. If he doubted his paternity, the time to challenge that was when he and his wife divorced.
Answered on Sep 13th, 2011 at 11:20 AM
If he is in fact the father, whether he signed the birth certificate or not is a moot point, he is still responsible for the children. The bigger question is, has paternity been established?
Answered on Sep 13th, 2011 at 11:17 AM
Glen Edward Ashman
Of course he has to support his children. If he doesn't he will go to jail. And it's his fault, not hers, that he is not on the birth certificate, so don't let him mislead you. He could have filed at any time to amend the birth certificate and apparently chose not to.
Answered on Sep 13th, 2011 at 8:20 AM
Yes. You state that he was married to the mother of the children and that they were from the marriage. Washington law, therefore, is going to presume that he is the father and that therefore he can be ordered to pay support.
Answered on Sep 13th, 2011 at 6:33 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Yes. Once a judge rules that the child is the father, child support can, and almost always will be, ordered. The absence of his signature on the birth certificate means nothing except that paternity has not yet been decided.
Answered on Sep 13th, 2011 at 6:27 AM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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Yes. So long as paternity is established.
Answered on Sep 13th, 2011 at 5:49 AM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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Yes. If he was married to the woman when the children were conceived and born, there is a presumption that he is the legal father. The divorce judgment probably states that he is the father of the children.
Answered on Sep 13th, 2011 at 5:34 AM
Family Law Attorney serving Boston, MA
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Law Offices of Susan Correia-Champa
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If they were married when the children were born then yes he is presumed father no matter what the birth certificate states.
Answered on Sep 13th, 2011 at 5:33 AM
Immigration Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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If a court orders child support and a party does not pay the child support, then the court can order sanctions, such as attorney's fees, contempt fines, etc. It's generally best to seek a modification of a court's order or reversal of the order, rather than just ignoring the court's order. Therefore, your question should be addressed to your attorney or with the court if you are not represented by an attorney.
Answered on Sep 13th, 2011 at 5:32 AM