Paying Support If You're Not the Biological Father but Are on the Birth Certificate
This is strictly a question for the sake of legal understanding. My friend married a woman who was pregnant with another man's child as has raised the child with her for the past 2 or 3 years. He's getting a divorce, and I was wondering if child support would be an issue for him. Also, I had been told that child support could be an issues, but that if he proved that he wasn't the father and found the real father, the real father could try and assert his own rights and pay child support, meaning my friend wouldn't have to pay even if his ex-wife tried to force him. Is this accurate? Is there anywhere I can find documentation explaining child support concerning children who aren't blood related or just child support law in general? I just want to know for the sake of information, so thank you to anyone who can shed some light on this.
Re: Not the Child's Biological Father, Do I Pay Child Support
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JV5
This is strictly a question for the sake of legal understanding. My friend married a woman who was pregnant with another man's child as has raised the child with her for the past 2 or 3 years. He's getting a divorce, and I was wondering if child support would be an issue for him. Also, I had been told that child support could be an issues, but that if he proved that he wasn't the father and found the real father, the real father could try and assert his own rights and pay child support, meaning my friend wouldn't have to pay even if his ex-wife tried to force him. Is this accurate? Is there anywhere I can find documentation explaining child support concerning children who aren't blood related or just child support law in general? I just want to know for the sake of information, so thank you to anyone who can shed some light on this.
What state are they in? It varies. In general however he would need to disestablish his paternity as part of the divorce case.
Re: Not the Child's Biological Father, Do I Pay Child Support
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llworking
What state are they in? It varies. In general however he would need to disestablish his paternity as part of the divorce case.
KY. So as long as he de-establishes paternity, he's fine? She can't force him?
Re: Not the Child's Biological Father, Do I Pay Child Support
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JV5
KY. So as long as he de-establishes paternity, he's fine? She can't force him?
If the court allows him to disestablish paternity as part of the divorce proceeding then no, he cannot be forced to pay child support.
Re: Not the Child's Biological Father, Do I Pay Child Support
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JV5
KY. So as long as he de-establishes paternity, he's fine? She can't force him?
No that is not what LL said. If he signed an affadavit of paternity, he will not be able to disestablish paternity unless the actual biological father steps up to establish paternity. Now Dad has to realize that since the child already has a legal father, another man cannot be compelled to assert paternity.
Why isn't dad posting? Does he know that his "friend" is inquiring about his business?
Re: Not the Child's Biological Father, Do I Pay Child Support
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Antigone
No that is not what LL said. If he signed an affadavit of paternity, he will not be able to disestablish paternity unless the actual biological father steps up to establish paternity. Now Dad has to realize that since the child already has a legal father, another man cannot be compelled to assert paternity.
Why isn't dad posting? Does he know that his "friend" is inquiring about his business?
This is a purely hypothetical scenario. I don't actually know anyone going through this, I just saw a similar situation on a television show(Law and Order: SVU) and I was curious if it could actually happen or not.
I have no way of knowing about the affidavit, since it wasn't mentioned, but if one wasn't signed then he could de-establish parental rights, if the court allows it? OR one could find the biological father and if the biological father wanted to assert his rights, he could, meaning that the divorced man didn't have to pay? What if an affidavit was signed, but the biological father was also found and wanted to assert parental rights? If he was granted those rights, would that mean the divorced man no longer had to pay child support, or would he need to go through an extra legal battle?
Re: Not the Child's Biological Father, Do I Pay Child Support
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JV5
This is a purely hypothetical scenario. I don't actually know anyone going through this, I just saw a similar situation on a television show(Law and Order: SVU) and I was curious if it could actually happen or not.
I have no way of knowing about the affidavit, since it wasn't mentioned, but if one wasn't signed then he could de-establish parental rights, if the court allows it? OR one could find the biological father and if the biological father wanted to assert his rights, he could, meaning that the divorced man didn't have to pay? What if an affidavit was signed, but the biological father was also found and wanted to assert parental rights? If he was granted those rights, would that mean the divorced man no longer had to pay child support, or would he need to go through an extra legal battle?
:wallbang::wallbang: - I should know better than to indulge an uninvolved hypothetical third party. Get a life.
Tigi totally out!
Re: Not the Child's Biological Father, Do I Pay Child Support
Yes, please remove yourself. Does anyone have an other helpful information? And thank you so far for the answers helping to educate me. I enjoy learning more about the law. It's a complex and intricate machine.
Re: Not the Child's Biological Father, Do I Pay Child Support
Here is the most important thing to know about the law.
What you see on TV does not necessarily provide an accurate picture, and quite a lot of what you see on L&O is wrong.
The exact facts matter, and since there is no real situation there are no real facts to address.
The volunteers on this board prefer to use their limited time to address real people's real situations, not to hypothesize about TV shows. Don't be surprised if you get few, if any, further responses.
Re: Not the Child's Biological Father, Do I Pay Child Support
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cbg
Here is the most important thing to know about the law.
What you see on TV does not necessarily provide an accurate picture, and quite a lot of what you see on L&O is wrong.
The exact facts matter, and since there is no real situation there are no real facts to address.
The volunteers on this board prefer to use their limited time to address real people's real situations, not to hypothesize about TV shows. Don't be surprised if you get few, if any, further responses.
Not to mention that the OP lied which is always a great way to get help:rolleyes: