QUESTION
How long do I have to pay child support if I am not the biological father?
Asked on Aug 30th, 2011 on Child Custody - Georgia
More details to this question:
I'm not the biological father and was made to pay child support. Now the kid is grown and they are still taking rears out of my pay check. Why is the mother still benefiting from this?
15 ANSWERS
Steven D. Dunnings
If you are paying support based on a court order, the order should indicate when your obligation terminates.
Answered on Jun 11th, 2013 at 1:23 AM
Administrative-Regulator Attorney serving Seattle, WA
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Law Offices of Karen A. Clark
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If you were found to be in arrears for the child support, you might have to continue to pay until that arrearage is paid off. I would suggest reviewing the court orders on this matter with an attorney.
Answered on Sep 12th, 2011 at 12:12 PM
Family Law Attorney serving Everett, WA
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Burkhalter Law PLLC
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You will have to pay under the terms of the order until it is modified.
Answered on Sep 02nd, 2011 at 7:10 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Apparently a court has ruled you are the legal father despite your statement that you are not the biological father. That means child support continues until the child is 19, or completes high school, whichever is later. If you were in arrears in paying child support that was due before age 19, that can be collected for as long as it takes to pay off everything you failed to pay.
Answered on Sep 01st, 2011 at 8:26 PM
When someone is ordered to pay child support, any unpaid child support becomes a judgment. A judgment for child support can be collected for up to ten years after the child turns age 18. So, if there is a valid order for support and unpaid arrears, they may be trying to collect that money for some time to come.
Answered on Sep 01st, 2011 at 11:32 AM
Family Law Attorney serving Pasadena, CA
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Law Offices of Paul P. Cheng
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Arrears mean that you missed payments that could have benefited child while child was a minor.
Answered on Sep 01st, 2011 at 10:55 AM
Bankruptcy Attorney serving North Muskegon, MI
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Holmes Law Office
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In Michigan , a child born during a marriage, is the legal child of the husband, further a child support order cannot be modified retroactively. You can petition to modify the support order going forward. However you will be required to pay the accumulated arrearages until the amount of the arrearages are paid off. You may be able to work a compromise and settle the arrearages for less than the amount owed but that will take the agreement of the payee. I f the payee has been on state assistance, she will not be able to compromise the arrearages due to the state of Michigan.
Answered on Sep 01st, 2011 at 10:30 AM
Roianne Houlton Conner
I do not understand why you are paying child support if you are not the father. Child Support is no longer paid after the age of 19, but if there are arrearages to be paid those are paid until they are paid in full.
Answered on Sep 01st, 2011 at 9:42 AM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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I do not have enough information to give you much of an answer. The answer hinges on the facts. It sounds like you either thought you were dad (in which case I hope you have developed a close and loving bond with this child); or, if you knew you were not dad, you did not act. If you can prove that mom intentionally defrauded the court about your paternity, then you have an action. But an action like that could also have devastating effects on this child. This is far too complicated an issue for me to give any decent advice - I urge you to speak to an attorney about your options and whether the matter is worth pursuing.
Answered on Sep 01st, 2011 at 9:14 AM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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Usually you pay support until the child is 18 and has graduated high school. God to CSEA in your county and ask a counsellor to end support if appropriate.
Answered on Sep 01st, 2011 at 8:31 AM
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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You can petition to terminate the current support order once the child is 18 and graduates high school and its arrears garnishment once all the arrears have been fully paid.
Answered on Sep 01st, 2011 at 6:08 AM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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If you were found to be the father of this child, then you have to pay pursuant to the order. If you failed to pay during the minority of the child, then you are in arrears and must pay that off. If you didn't think you were the father, you should have challenged it when you first learned of this. It is likely too late now.
Answered on Sep 01st, 2011 at 5:23 AM
Contract Negotiations Attorney serving Miami Lakes, FL
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Florido & Associates, P.A.
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You would need to file the appropriate motions with the court along with a DNA test proving you are not the biological father and the child support obligation would likely seize.
Answered on Sep 01st, 2011 at 5:21 AM
4 Awards
You could have fought the original judgment based on the fact that you were not the biological father, as soon as you found out. If there is an arrearages judgment against you that you did not fight originally, you may be held liable until it is paid. If you only recently found out you were not the biological father, you may seek to have the judgment annulled for fraud or ill practices.
Answered on Aug 31st, 2011 at 8:44 PM
Glen Edward Ashman
Because you failed, many years ago, to get a lawyer when all this first started and challenge paternity at the very beginning.
Answered on Aug 31st, 2011 at 8:28 PM