Paternity and Child Support

Q: Does he owe child support if another man signed the birth certificate?rnSigning a birth certificate does not in itself determine parentage and has no affect on a legal matter such as court ordered child support. There are two things, possibly three which must occur in order to determine whether child support will become ordered and payable. The first is that the custodial parent whom we will assume is the mother in this case must make an application to the court and have the case heard. Whatever amount of child support the court orders must be paid. Second, somewhere along the way custody of the child will have to be determined. This can occur before the court hears the case for child support, during the same court proceeding or afterwards. Custody is the primary factor because it determines who the primary guardian of the child is and thus who should receive financial support for their care and support. Lastly, a paternity test may be ordered. Paternity tests are not required to enter into a support agreement but in the case of unmarried parents can make the difference between whether an order will be entered or not. In the case of married parents, the law assumes that any child born during the course of the marriage is a child of the marriage. Q: Is he required to pay child support if he isn't the natural father but has raised the child as his own? rnIf he adopted the child then the answer is a very easy one: yes. By adopting the child he became the legal father. If the child was not adopted by him then it becomes more complicated. Generally what the courts want to see is that the child has a father. If he has “held himself” out to be the father for many years, emotionally, mentally and financially and the child has no other father then the courts may decide that he indeed has become her De Facto father. Situations of this type are seen on a case by case basis. Q: What if he signed the birth certificate but isn't the real father? rnIf a child support order is already in place then he has an obligation to continue to pay the support while this is hashed out in court. There is no easy answer and it is a case similar to the scenario above. If he has paid child support and been a father (and the only father) to the child for many years, there is a possibility that the courts may order him to continue. However, especially in the case of paternity fraud, if a DNA test proves that he did not father the child he may be able to remove his name from the birth certificate and absolve himself of any legal responsibility. Q: Can he refuse to pay support until he gets a DNA test? rnIf you have already gone to court and have received a child support award then the answer is no. He must follow the court order and pay the support as the court has required. If he has refused stating that he wants a DNA test then you have every enforcement option available to you and you should use them. If he wants a DNA test then he should petition the court for one and follow through. Until that time comes he is still obligated to pay. Q: He's not the natural father. Will I have to pay back the child support? rnThat depends on what he does. If he simply contests your petition the worse case scenario is that your petition may be refused. If he takes it another step and files a motion for relief for his financial harm and your possible fraudulent behavior then there is a good chance the courts will rule in his favor and you will be obligated to repay the money. Of course you can always re-file for child support from the biological father and if you are ordered to re-pay this man you can use some of that money for your payment schedule.