the real father still have to pay child support
2007-03-01 16:04:12 · 15 answers · asked by sassy_ann216 1 in Family & Relationships ➔ Marriage & Divorce
If her new husband adopted this child, I would say no. But, if he doesn't legally take responsibility for the "step-child" I would say the real father will still have to pay child support. I would not think the courts would allow a name change like that unless it was a legal adoption, but stranger things have happened. And justice is not always served in child support matters.
2007-03-01 16:11:11 · answer #1 · answered by TMOM 4 · 0⤊ 0⤋
* I found this, I hope it helps somehow:
It is important to know and understand that both the biological mother and the biological father have rights concerning their child. This is the case whether or not the birth father is still involved with the birth mother and even if his name is not on the birth certificate. In no child adoption should the rights of the biological birth father be ignored. Even if the birth mother is not sure who the biological father is, the unknown person still has rights which must be addressed.
I am assuming that the new father adopted the child or the name couldn't have been changed with a new birth certif....
Read Website.
2007-03-02 00:14:01 · answer #2 · answered by Golden Smile 4 · 0⤊ 0⤋
yes he should, esp if there is a court order in place. If there is a court order, you should have to get permission from the biological father, to get a legal name change. Unless a change of child support is ordered he will have to continue paying child support until he is 18, or 21, or through college in some states.
If there has been no contact, and the mother's new husband wants to adapt the child, after 2 years of no contact, or if the biological parent signs over rights, then the biological father will no longer be obligated to pay child support, nor will they have any legal rights to that child.
It is imperative to contact and attorney before making any changes, and most states will require an attorney if you are changing a Minor's legal name, which will require a court order.
2007-03-02 00:16:48 · answer #3 · answered by srilanka_everquest 4 · 0⤊ 1⤋
The name of the child don't have anything to do with the child support, it's if the child has been legally adopted by the child's step dad which would make the difference. The biological dad would have to give up his rights as a dad legally not to be responsible for the child. Call the courthouse where you live to verify this information.
2007-03-02 00:12:21 · answer #4 · answered by msthinkpositive 5 · 0⤊ 0⤋
If the new husband hasn't adopted the child than yes. Of course, shouldn't the child have the father's last name to begin with (i thought that was customary even for nonmarried couples) If the new husband has adopted the child it depends on the sate's laws regarding child support
2007-03-02 00:10:05 · answer #5 · answered by land-pliskin 2 · 0⤊ 0⤋
I did this before too and the answer is no. If the new husband adopts the child, he is responsible for him and not the real father. But, I suppose if you want him to continue paying, don't let the child support people know you did that and he will have to continue paying. Unless the father lets them know.
2007-03-02 00:10:26 · answer #6 · answered by Anonymous · 0⤊ 1⤋
Why would you do something so hurtful to your childs real father?
You hate your ex so much you don't want your child to bear his name, but you want to accept the child support payments. What in the hell is wrong with you people?
2007-03-02 00:20:31 · answer #7 · answered by theanswerman 2 · 1⤊ 0⤋
Yes. He is still the legal father as shown on the child's birth certificate... that can NEVER be changed!
2007-03-02 00:07:00 · answer #8 · answered by replycs 3 · 0⤊ 0⤋
Unless the child's father has reliquinshed all parental rights and the woman's husband has adpted the chld he does.
2007-03-02 00:31:43 · answer #9 · answered by Anonymous · 0⤊ 0⤋
yes he does until the child turn 18
2007-03-02 00:06:55 · answer #10 · answered by staceydv4 4 · 0⤊ 0⤋