2006-12-25 07:50:19 · 21 answers · asked by Yeti 2 in Family & Relationships ➔ Marriage & Divorce
yes but in some cases the step parent has to pay child support. it depends on how long you helped raise the child and the childs emotional attachment to you
2006-12-25 18:16:02 · answer #1 · answered by Anonymous · 0⤊ 0⤋
It really depends on how long you with with the child and mother. It also depends on the relationship you share with the child emotionally, if the child has come to know you as the father figure, then it is harder to back out of. Here is some info from a website I found, I hope this is helpful.
Generally, husbands need to act quickly if they want to challenge paternity. In most states, if the husband holds the child out to be his own or promises to take care of the child, he will not be allowed to challenge paternity even if DNA tests later show that he is not the biological father. The same rule usually holds true if the divorce decree states that the child in question is the child of the marriage or uses similar language.
Some states have enacted rules about how husbands or ex-husbands may challenge paternity. Other states have adopted the Uniform Parentage Act. The Act allows courts to order genetic testing to answer some paternity challenges within two years of the birth of the child in certain circumstance. If the court does not order a genetic test, then the paternity is assumed to be as stated in a divorce decree or support order. Challenges may be made if fraud, duress or some other misconduct can be proved.
2006-12-25 16:01:21 · answer #2 · answered by Angie 2 · 0⤊ 0⤋
If you were lead to believe that you were the biological father and support payments were based on this fact then you will be allowed to cease payments if you can prove that you were deceived. Support is part of a contract and both parties must maintain their status in this contract otherwise it is considered null and void. You will need to have a DNA to prove conclusively. Hope this helps.
2006-12-25 16:00:15 · answer #3 · answered by Deirdre O 7 · 0⤊ 0⤋
Don't count on it. The state does not care. They will see it as the child got support - didn't matter from whom. And they are not in the business of refunds. They will think that since you were living as the father's son and under the presumption that he was yours it is your responsibility.
I speak from experience. My husband's ex claimed that the child was his. They took most of his paycheck without warning and left us defenseless as we had to borrow money to travel and hire a lawyer. We traveled 2000 miles away to settle it. We never got money back.
The only reason we didn't have to continue to pay was that the county she was in had no jurisdiction over our county many states away. There are horrendous cases out there of people who are stuck in your situation. The man rarely comes out with a fair ruling.
Get a good lawyer. You will go through a lot fo frustration before you get any answers.
2006-12-25 16:05:58 · answer #4 · answered by pinniethewooh 6 · 0⤊ 0⤋
If it turns out you aren't the father than you don't pay anymore child support. because it isn't your responsibility. are you talking perhaps suing to get back if you have already made payments. If that is the reason for suing you would need to check with a atty. That becomes legal matters then.
2006-12-25 16:05:25 · answer #5 · answered by Nicki 6 · 0⤊ 0⤋
The laws vary from state to state, country to country. In most states you can, and in some cases you can sue for the money that has already been paid under fraudulant circumstances. Get an attorney.
2006-12-25 17:21:06 · answer #6 · answered by mojonah 3 · 0⤊ 0⤋
in maryland they take a paternity test before they ever start with child support payments, unless you sign a waiver saying you are the father. however, if something like this happens, you can get all your money back that you paid to her.
what a b*tch.
2006-12-25 16:25:43 · answer #7 · answered by pikachu 5 · 0⤊ 0⤋
tell the child support angency or the mother of the child that u want to do a dna test to prove ur not the father of the child
2006-12-25 17:32:05 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Yes! If you have paid in child support for a child that isn't yours biologically,you have every right to have every bit refunded to you! But you have to do DNA to prove your case.
2006-12-25 16:01:42 · answer #9 · answered by baby_gail68 2 · 0⤊ 0⤋
That all depends on the State you're in, how long you've already been "dad" to the child......ask a lawyer in your area to get the straight facts, when it comes to the LAW right and wrong don't always mean that much.
2006-12-25 15:56:16 · answer #10 · answered by chosen37 2 · 0⤊ 0⤋