QUESTION
If someone is not the biological father do they still have to pay child support?
Asked on Dec 08th, 2011 on Child Custody - Washington
More details to this question:
If someone signed a birth certificate, then gets a blood test and it comes back 0.00, do they still have to pay child support?
17 ANSWERS
No unless that person has adopted the child.
Answered on Jul 03rd, 2013 at 12:16 AM
1 Award
It depends on the facts. Sometimes the answer is yes and sometimes no.
Answered on Jul 03rd, 2013 at 12:16 AM
Immigration Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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In some instances courts have ordered step-parents to pay child support. It is more likely that a court will order child support from the non-biological parent if that parent knew the child was not their biological child, but chose to support the child and hold the child out as their own. If the parents were never married and the non-biological father never claimed the child as his or her own child, then it is unlikely the court would award order the non-biological parent to pay child support.
Answered on Dec 19th, 2011 at 7:03 PM
Collections Attorney serving Ypsilanti, MI
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Collis & Griffor, PC
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The answer to your question is maybe. If you acknowledged paternity and you have already been adjudicated the father either through a paternity case or a divorce, then yes you would have to do so because you had an opportunity to challenge paternity at those times.
Answered on Dec 13th, 2011 at 9:45 PM
No, you are not responsible for a child that is not not yours. However, if a child support order is already in place, there are other rules that apply. You can contact the office to discuss those rules.
Answered on Dec 12th, 2011 at 12:43 PM
Family Law Attorney serving Santa Ana, CA
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Law Office of Rhonda Ellifritz
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A man has only 2 years to dispute paternity from the time he has notice ( e.g. Department of Child Support Services contacts him, etc). Then, he is dad even though there is no biological relation.
Answered on Dec 12th, 2011 at 10:02 AM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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No, if you are determined not to be the father, you do not have to pay support.
Answered on Dec 12th, 2011 at 9:50 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Potentially, yes. But, you don't give enough information to explain an answer. No man is "required" to pay child support until a court rules that he is the "legal" father and has a duty of support. Generally, by signing to be placed on the birth certificate, the man creates a presumption of paternity. Whether that presumption can later be rebutted by DNA testing depends on a lot of specific facts, most important of which is how long it was between signing off on the birth certificate and obtaining the DNA testing and then doing something about it. You should consult an attorney who can identify all the important facts and then apply the law to those facts.
Answered on Dec 12th, 2011 at 9:23 AM
Appellate Practice Attorney serving Bloomfield Hills, MI
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Law Office of William L. Spern
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Until you are removed from the birth certificate, you are considered the legal father and owe child support. Your case re bloodwork that shows that you are not the biological father should be brought before a family judge on a petition regarding paternity. You may be barred by the applicable statue of limitations to seek a reversal of paternity. You should see a family law attorney immediately.
Answered on Dec 12th, 2011 at 8:54 AM
If a parent-child relationship has been established between the child and the man, then he may have to pay child support.
Answered on Dec 12th, 2011 at 8:26 AM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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If paternity was previously established, it might be possible to disestablish paternity. However, it is a very complex, technical process and very time sensitive. You should immediately consult with an attorney.
Answered on Dec 09th, 2011 at 7:01 PM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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If paternity was initially established voluntarily and there is an order of child support, then the non-biological father must file a petition to disestablish paternity. If he doesn't do that, then he is required to continue obeying the court order for child support. If there is no court order, then he doesn't have to pay child support.
Answered on Dec 09th, 2011 at 6:21 PM
Gary Moore
Not if that persons acts early to correct the "mistake."
Answered on Dec 09th, 2011 at 11:30 AM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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The issue is fact specific. For an answer to your case, please consult a domestic relations attorney. IN GENERAL, yes a father who admits fatherhood by signing the birth certificate is deemed the putative father, and is obligated to pay child support regardless of a paternity test. The law recognizes that a father is more than merely a blood relation, and that it is in society's best interest to have the putative father pay for the child. Should the bio dad show upp and ask to be identified as the father, the putative father may no longer be obligated to pay support. As medical technology has grown so has this area of the law.
Answered on Dec 09th, 2011 at 11:27 AM
Divorce Attorney serving Little Rock, AR
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Law Office of Kathryn L. Hudson
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If a child is determined not to be the biological child of someone deemed not to be the father there is a good chance child support could be suspended. If the father in question had signed a waiver previously though he might still be required to support the child because in that situation he would have had the opportunity to challenge paternity but did not. Being named on a birth certificate is not a waiver.
Answered on Dec 09th, 2011 at 11:12 AM
Steven D. Dunnings
Birth certificate is not indicative of paternity.
Answered on Dec 09th, 2011 at 11:05 AM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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The non-father should see an attorney immediately about how to oppose a finding that he's the father.
Answered on Dec 09th, 2011 at 10:49 AM