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can the courts order me 2 pay child support if the child is not your child?

2007-05-16 15:36:45 · 19 answers · asked by ruslypaul1 1 in Family & Relationships Marriage & Divorce

19 answers

If you live in the U.S (and without knowing what specific state you live in)...

I'm assuming you are the child's legal father...meaning that you were married to the mother when the child was born and/or your name is listed on the child's birth certificate. You've been his/her legal father for *6 years*. For 4 of those years you've known that the child is not your biological child, and even after learning that you VOLUNTARILY continued to act in the role as the child's father. YES, given the situation, the court certainly can, and likely will, order to you pay child support.

If you wanted to contest paternity, then you should have done that 4 years ago (of course, that would have been hard to do while you were still married to the mother). You failed to act in a timely manner. There are MANY men in this country who are paying child support for children that have been proven via a dna test not to be their biological children, because they failed to contest paternity in a timely manner/they voluntarily accepted the role of father/it would not be in the best interest of the child to allow paternity to be disestablished. The court’s ONLY concern is the best interest of the child.

You need to talk to a local attorney.

2007-05-16 17:15:15 · answer #1 · answered by kp 7 · 1 0

If the child carries you name, then he is legally yours. And yes you will pay child support. If you want to be cold hearted toward the boy and disown him as your own, give up parental rights then you can get out of child support. This would be terribly cruel and traumatic to the boy since you have raised him from birth. You are the only father he knows. I would think after all these years you would have a father son bond with him. Do you really want to inflict pain on this child?

2007-05-16 15:45:10 · answer #2 · answered by Vida 6 · 0 1

It probably depends on your state. But here in Canada, if you have been a father figure to the child, then you can asked to pay child support. Of course, in the end, its up to the courts to decide.

2007-05-16 15:44:05 · answer #3 · answered by Ruby S 1 · 0 0

if you are married or were married when the child was born then leagelly the child is yours.if your name is on the childs birth certifict then yes you will have to pay child support.thats just how the law is.now you can try and fight it by getting a dna test and proving that your not the parent.but still its complacated and very money guzzling.situation sucks i know.. only question i have for you is you found out this little boy wasnt yours 4 years ago.. why are you wanted to dissown hime now? hes six theres a bond.if you want to dissown him because of the child support.then there only thing i have to say to you.. A*S*S

2007-05-16 16:21:31 · answer #4 · answered by misshotcakes2u 4 · 2 0

Yes, because you are the legal father (every state in the country would say the same). If you found out say the first couple of months you might have some sway, but not after 6. It does not matter whether or not you are the biological father. The child is yours now. Treat him as such.

2007-05-16 15:39:54 · answer #5 · answered by TotalRecipeHound 7 · 1 0

There is alot to consider here. Have you been treating him as your child. Will you want to continue seeing him after the divorce?. Does he have your name? Is your name on the Birth Certificate?

If you want nothing to do with the child ask for a paternity test then she will have to go after the bio dad.

If you want to be in this boys life then be a dad and pay the support.

The child is old enough at this point to know what is going on, do you really want to hurt him?

2007-05-16 15:55:51 · answer #6 · answered by glbenner 4 · 1 0

i am sorry your going thru this.. i know alot of people who went thru the years of caring for a child , to later find out it weren't theirs.. in some cases the support will stop, and you had noknowledge of the child being yours, and in some cases the courts can rule back support to you if you were no longer in the household at the time..but check with the division of childsupport services in your area,..it will help out alot..and take the parent to court to stop support payments , make ssure you have documents stating the paternity results.. good luck!

2007-05-16 15:45:17 · answer #7 · answered by curious 2 · 0 0

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2016-10-05 05:31:38 · answer #8 · answered by ? 4 · 0 0

Yes since you have raised him till now and if your name is on the birth certificate, then you have already shown you have accepted responsiblity for the child.

2007-05-16 16:15:12 · answer #9 · answered by Anonymous · 1 0

No, if a paternity test proves that you are not the child's biological father.

Is it really worth hurting your 7 year old son? I mean he is, for all and intents and purposes your son. Would you be able to turn and walk away from him forever?

2007-05-16 15:42:53 · answer #10 · answered by Susan D 5 · 1 2

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