QUESTION
Does the biological father still have to pay child support if the child's mother remarries and changes the child's last name?
Asked on Jul 20th, 2012 on Child Custody - Arizona
35 ANSWERS
Steven D. Dunnings
Is there a court order saying so?
Answered on Jun 28th, 2013 at 10:31 PM
Yes, a biological father's support obligation continues until the age of majority (or 19 1/2 if the child is still in high school) unless the child is adopted or emancipated. Good luck!
Answered on Sep 09th, 2012 at 3:56 PM
Yes. Remarriage and change of a child's last name have no effect on a biological father's obligation to pay child support.
Answered on Aug 13th, 2012 at 12:22 PM
Family Attorney serving Arlington, TX
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The Nwokoye Law Firm
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The father's responsibilities to the child does not change without a termination and a possible adoption until the child is 18 or finishes high school. The step father will have to adopt your child for the child support to stop except by agreement
Answered on Aug 13th, 2012 at 12:22 PM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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It depends upon whether there was an adoption or an agreement
Answered on Aug 13th, 2012 at 12:21 PM
Family Law Attorney serving Everett, WA
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Burkhalter Law PLLC
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Yes, unless the child is adopted by the stepfather.
Answered on Aug 09th, 2012 at 1:05 PM
Yes, unless the stepfather adopts the child. The child support obligations of the biological father is in effect until such time as the child emancipates, or until a subsequent order from the court suspends or terminates the obligation. The marital status of the child's mother has no effect on the obligations of the child's father to pay court ordered child support.
Answered on Aug 09th, 2012 at 12:53 PM
Absolutely yes. Remarriage has NOTHING to do with paternity. Short of death, only a termination of parental rights terminates the obligation to pay support.
Answered on Aug 08th, 2012 at 8:38 PM
Dennis P. Mikko
A biological father is responsible for the support of his child until the child turns 18 or is adopted. Mom's remarriage in and of itself is not sufficient to terminate the biological father's obligation to provide support.
Answered on Aug 08th, 2012 at 8:12 PM
Dave Hawkins
Yes. The only way a biological father can avoid paying child support is if someone adopt the child.
Answered on Aug 08th, 2012 at 7:27 PM
Alimony Attorney serving Rockville, MD
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Law Offices of Aimee C. Robbins
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Yes assuming there is an Order in place for child support. This is still your child and I hope your ex is not stopping you from seeing him or her.
Answered on Aug 08th, 2012 at 7:27 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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Sure. Changing the last name of the child is a parenting question however and the court probably won't let you do that.
Answered on Aug 08th, 2012 at 4:41 PM
Family Law Attorney serving Las Vegas, NV
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The Law Offices of Mandy J. McKellar
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Most likely the answer to your question is yes.
Answered on Aug 08th, 2012 at 4:40 PM
Litigation Attorney serving Westland, MI
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Clos, Russell & Wirth, P.C.
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The fact that the mother remarries does not effect the father's obligation to pay child support. The mother is not permitted to change the child's last name without the father's consent or permission of the court. If the step parent adopts the child (which would have to involve the simultaneous termination of the biological father's parental rights) then the biological father's obligation to pay support would terminate.
Answered on Aug 08th, 2012 at 2:22 PM
Assuming that the biological father was married to the mother and that a divorce was granted awarding custody to the mother and establishing the child support obligation of the parties, the remarriage of the mother does not terminate the obligation of the father to pay that child support. The mother cannot change the surname of the child without proper notice and opportunity for a hearing being afforded to the father.
Answered on Aug 08th, 2012 at 2:16 PM
If the child was not adopted then child support may not have stopped.
Answered on Aug 08th, 2012 at 2:14 PM
2 Awards
Yes. But the last name change can only be done after proper notice to the father, who has a chance to object.
Answered on Aug 08th, 2012 at 1:42 PM
Probate Attorney serving Arlington, TX
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Law Office of Eric J. Smith
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Yes, a man's duty to support his child generally ends when that child turns 18.
Answered on Aug 08th, 2012 at 1:32 PM
Kathleen M. Schmidt
Only an adoption will terminate the child's biological father from his obligation to support the child.
Answered on Aug 08th, 2012 at 12:55 PM
1 Award
Yes, he is still the father and obligated to support his child.
Answered on Aug 08th, 2012 at 12:00 PM
Yes. You are still obligated to support your child until the child is either adopted or emancipated.
Answered on Aug 08th, 2012 at 11:47 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Yes; unless the name change is the result of an adoption by the new step-parent. Generally, the mother cannot change the child's name without the father's consent or a court order, so your question doesn't provide enough information to give a definite answer to your situation. But, your legal obligation for financial support only ends when the child is emancipate or when your parental rights and responsibilities are terminated by a court.
Answered on Aug 08th, 2012 at 11:37 AM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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Yes, unless the court rules to the contrary, or the stepfather adopts the child. Please discuss this with a family law attorney.
Answered on Aug 08th, 2012 at 11:30 AM
Workers Compensation Attorney serving Bedford, TX
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Durkin & Graham, P.C.
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Yes, a father's child support obligation is unaffected by the mother's new marriage relationship. Only a court modification to the child support order can modify the support obligation.
Answered on Aug 08th, 2012 at 11:24 AM
Immigration Attorney serving Madison, WI
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Wren & Gateways Law Group, LLC
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As long as the biological father's rights are not terminated, child support will be calculated using the statutory guidelines.
Answered on Aug 08th, 2012 at 11:23 AM
Suzanne H. Lombardi
In Alaska the biological father must continue to pay child support unless the child is adopted by the stepfather or the parental rights are terminated by the state because of abuse under the Office of Child services case. An attorney can assist you if you want to consider allowing the step-parent adoption of your child.
Answered on Aug 08th, 2012 at 12:48 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Generally yes, hand he will have his parental rights as well.
Answered on Aug 08th, 2012 at 12:47 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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Yes unless the child is adopted by step-parent adoption.
Answered on Aug 08th, 2012 at 12:46 AM
Estate Planning Attorney serving Idaho Falls, ID
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Law Office of Timothy Jones, PLLC
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Yes. The biological father will still have to pay unless his parental rights are terminated. He may be able to modify custody so that he can have more time with his childthat may decrease or maybe even eliminate his child support payments.
Answered on Aug 08th, 2012 at 12:42 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Yes the biological father has to pay child support when the mother remarries. She has to get his consent to change the name of the child.
Answered on Aug 08th, 2012 at 12:39 AM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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Yes. A name change or one parent's remarriage do not terminate the support obligation, nor do they prevent the paying parent from having custodial rights.
Answered on Aug 08th, 2012 at 12:38 AM
Appellate Practice Attorney serving Bloomfield Hills, MI
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Law Office of William L. Spern
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In Michigan, a father's duty to pay support is absolute even if the father's parental rights are terminated. Nothing can be done other than a court's order to absolve a father of his statutory duty to support any child that he fathers. Such a court order would be based on an agreement between the parties to stop a father's duty of support.
Answered on Aug 08th, 2012 at 12:34 AM
Agriculture Attorney serving Fresno, CA
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The Law Offices of Tres A. Porter
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Yes, unless the parties agree otherwise or the step-father adopts the child.
Answered on Aug 08th, 2012 at 12:34 AM
Bruce Arthur Plesser
Yes unless kid is adopted.
Answered on Aug 08th, 2012 at 12:30 AM
The biological father still has to pay child support regardless of the mother's remarriage or the child's last name. This obligation continues until the child is emancipated (unless the child is adopted by the stepparent).
Answered on Aug 08th, 2012 at 12:29 AM