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| Paternity Law Issues relating to establishing and disputing paternity, DNA testing, and associated matters. |
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11-13-2006, 07:29 AM
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Junior Member
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Join Date: Nov 2006
Posts: 3
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Obligations of the Father After Acknowledgement of Paternity
Sorry, guess I overloaded ya'll with info on my first post! My questions: (unwed/never married parents)
If a father signs an affadavit of paternity, (child 1 1/2 years old) when does child support "kick in". Is he responsible for support from birth or ???
If mother has claimed state aid, saying childs father is unknown, & if affadavit of paternity is signed, is father responsible for paying state back?
Can a woman give her child any last name; if father is not present, I understand his name might not be allowed on birth certificate as "father".
Finally, can a father file for visitation regarding a child he doesn't know, or who hasn't been in his state before? (Father has sole custody of childs brother, who lives with him.)
Father lives in Virginia; mothers (legal) home state is Arizona. Thank you!
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11-13-2006, 07:49 AM
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Administrator
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Join Date: Mar 2005
Location: Michigan
Posts: 26,484
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Re: Sorry! Paternity, Breaking it Down
Where was the child born?
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11-13-2006, 07:54 AM
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Senior Member
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Join Date: Jul 2006
Location: TN
Posts: 426
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Re: Sorry! Paternity, Breaking it Down
Quoting ncmaamaw
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Sorry, guess I overloaded ya'll with info on my first post! My questions: (unwed/never married parents)
If a father signs an affadavit of paternity, (child 1 1/2 years old) when does child support "kick in". Is he responsible for support from birth or ???
Support does not "kick in", it must be filed for at the court. Depending on the state, it can either go back to when it was filed or it may be retroactive back the birth of the child or 3 years.
If mother has claimed state aid, saying childs father is unknown, & if affadavit of paternity is signed, is father responsible for paying state back?
Yes.
Can a woman give her child any last name; if father is not present, I understand his name might not be allowed on birth certificate as "father".
She can name her child anything she chooses.
Finally, can a father file for visitation regarding a child he doesn't know, or who hasn't been in his state before? (Father has sole custody of childs brother, who lives with him.)
Once he has been proven to be the father of said child, yes.
Father lives in Virginia; mothers (legal) home state is Arizona. Thank you!
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11-13-2006, 08:11 AM
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Administrator
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Join Date: Mar 2005
Location: Michigan
Posts: 26,484
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Re: Sorry! Paternity, Breaking it Down
Some states treat paternity as established by affidavit or acknowledgement differently than paternity established through a court action, so in relation to past support or repayment of the state it's worth investigating state law.
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11-13-2006, 08:43 AM
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Junior Member
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Join Date: Nov 2006
Posts: 3
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Re: Obligations of the Father After Acknowledgement of Paternity
Hi;
Child was born in Arizona. I know "kick in" isn't correct terminology; I just couldn't think of the word I was looking for!
Daddy has a saving account for both boys, one he has sole custody of & who lives with him in VA. He makes quite a bit more $$$ than mother, & realizes just because he has one & she has one, they "don't balance each other out" & he's still responsible for supporting the 2nd child, because of the large differences in income. He wants to make sure the saving account will cover whatever he's retroactively responsible for, that's why the question. As I'm understanding the answer I received, child support must be "filed for", & it can go back back 3 years or to whenever mom files... correct? So, if father now puts his name on b.c., & if mother claimed state aid throughout pregnancy til this time... I BELIEVE they ("Child Support Enforcement") will file for support. How far do <i>they</i> go back? To filing or 3 years, or before pregnancy?
Father did research state law (AZ) when he added his name to first childs birth certificate, & found an affadavit is same as court order in Arizona, & started savings account then, just in case state "came after" him. He's not sure if 1st child was on state aid after he was kidnapped, using orginal last name, but it's more than likely ~ & dad knows 2nd child was on Arizona state aid even though mom kept bouncing between 2 states, Co. & AZ. She uses her mothers address in AZ. as her "permenate address". He realizes if he files in VA. for visitation w/second child, everything will hit the fan & he wants bases covered.
Thank you!
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11-13-2006, 09:04 AM
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Administrator
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Join Date: Mar 2005
Location: Michigan
Posts: 26,484
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Re: Obligations of the Father After Acknowledgement of Paternity
The governing statute appears to be ARS § 25-320, which, if I understand the scenario properly, would appear to allow retroactive child support over a three year period prior to initiation of child support proceedings.
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