Not in this situation, but just wondered. Can the Government force a man to be tested to see if he is the father?
2006-10-03 01:04:53 · 18 answers · asked by A True Gentleman 5 in Politics & Government ➔ Law & Ethics
sorry, just noticed in the question, should be... have to PAY maintenance
2006-10-03 01:06:01 · update #1
If someone refuses to be put down as the father on a childs birth certificate, the mother can ask the government to to a paternity test, if it comes back positive, not only will the father have to pay for the paternity test actually being performed, but also any future maintenance plus back pay the maintenance from the beginning of the child's life. However if the test comes back negative, the person in question does not need to pay anything
2006-10-03 01:17:18 · answer #1 · answered by kittycat_cc14 3 · 0⤊ 0⤋
Yes - but but you may have to go through a horrid process if you have to force him to pay up.
I am not a lawyer, but I am aware that the law changed a couple of years ago whereby if you register your names as parents on the birth certificate, that gives you rights and responsibilities for the child's upbringing. If you do not, then you have no rights towards the child.
However, responsibility for helping to fund the child's upbringing - usually associated with absent fathers, comes down to other laws. I am not sure which ones they are, however, they usually kick in if you are trying to claim social security benefits, where the state will require you to declare who the father is, in order that they can get the process of getting money from him, directly from his pay packet. That involves the Child Support Agency, which is, I understand a horrid process. If you had any form of relationship with the father, you will not have it once that process begins.
If at all possible, inform him of what you need from him as a reasonable contribution to help bring up the child. If he refuses then you could tell him what is likely to follow - which for him will be a lot worse.
If he does not see sense, then he will get everything he deserves
2006-10-03 01:18:53 · answer #2 · answered by Paul B 1 · 0⤊ 0⤋
Yes, they can and yes he does. Before I met my husband he had a child with another woman. She refused to put his name on the birth certificate. This cast doubt as to whether he was the father or not. However, we were able to force a paternity test and now pay child support for that child even though the child does not carry his name nor do we have any kind of visitation rights.
Once paternity is determined and child support is being paid, you can petition the court to legitimize the child which will give you legal right to sue for visitation or custody. However, even going through Legal Aid this can cost thousands of dollars.
It isn't right but child support and visitation are two separate issues. You can be forced to pay the child support even if you have no legal rights to have visitation with the child.
It is possible the laws vary from state to state. You may wish to consult with a family practice lawyer to see what the laws are in your area.
2006-10-03 01:16:04 · answer #3 · answered by Lady_Mandolin 2 · 0⤊ 0⤋
If the woman claims that someone is the father, I think that a paternity test can be ordered. If the test rules the man is the father than yes, he can be required to pay child support.
2006-10-03 01:08:36 · answer #4 · answered by parrothead2371 6 · 0⤊ 0⤋
If a woman is seeking child support for her child, she can demand a paternity test from the court and they will enforce the test. After determination of paternity, the man will be required to pay a percentage of his annual salary based upon where they live (if he is the father).
But if you think that you are the father, why wouldn't you want to give your child everything you can? The child did not ask to be born. If you don't want the responsibility....wear a condom!!!
2006-10-03 01:16:16 · answer #5 · answered by just call me Doc 2 · 0⤊ 0⤋
Yes.
You can be made to take a test and then ordered to pay maintenance. Mind you if it's done as effectively as the government does everything else then you wouldn't need to worry for a long time.
2006-10-03 01:14:34 · answer #6 · answered by PETER F 3 · 0⤊ 0⤋
The courts can order a DNA test, then if you are the father, they can make you pay child support. Usually til the child is 18, some states 21 if the kid goes to college.
2006-10-03 01:23:23 · answer #7 · answered by Meow the cat 4 · 0⤊ 0⤋
If it can be proven that the child is truly the fathers then yes you can be made to pay. As for FORCING a DNA test, I am not sure - but probably.
Whilst I loathe men who try to avoid paying for their children, I also appreciate that some women purposely TRAP men into fathering children which is also very wrong.
2006-10-03 01:56:22 · answer #8 · answered by Sally J 4 · 1⤊ 0⤋
being ont he birth certificate isnt the same as being the father (recognised or not)
if the mother is seeking state beneifts then the state agencies (CafCASS probably) can insist on a DNA test to prove or disprove fatherhood. if proved they will then chae the fatehr for maintenance (and quite right too). I think CafCASS demand the name of the Father aas part of the benfit claim process
2006-10-03 01:17:02 · answer #9 · answered by Mark J 7 · 0⤊ 0⤋
it really is only a version on the former conserving "because the twig is bent so the tree will boost"and it really is totally incorrect Freud and his mob opt for to assert this style of component The argument that the baby is mind washed by skill of his surroundings and this impacts how he's as a grown up it has no longer some thing to do with an man or woman gaining understanding of from the baby
2016-11-26 00:22:43 · answer #10 · answered by ? 3 · 0⤊ 0⤋