If you look at a number of the currently popular court television shows you will find this problem to be rather common. A court order is usually required but at times the state the person lives in may simply take the action at the request of the female parent involved.
You should make your question a bit more specific. Are asking about men who were married to a person who had children before the marriage, by a previous spouse/ mate who is not now paying child support? Or, are you asking about a male who may not be married, but is paying chjild support for children he believes are not his?
Each state will have differing laws regarding child support in varying degrees. In Ohio the usual response from marriage is that child support is required as part of a divorce decree if no other support is already in place. The arguement being that since you were married to this female person, and that person had children before you were married, and you supported her during the marriage, then, if no other support order existed regarding the children, the children, by your being married to her, were also supported by you and as minor children, whom you supported during your marriage, you are still able to be held responsible for at least a portion of that support.
On the other hand, if there are children that you as a male are paying child support for who are not yours or you believe they are not yours and you are not married, two things could have happened: the mother has claimed you as the father and welfare has garnished your wages for support, in which case you must get a lawyer and go to court to fight the garnishment, claiming the children are not yours, and demanding, as part of the suit, that a DNA test be performed to prove your point (which you have the legal right and must pay for yourself). If the DNA test proves you are not the father, then the courts will usually order the garnishment stopped and removed from your record (you must ask for both to be done as part of the suit). The unfortunate part of OHIO law is that whatever monies were taken from you as a garnishment for child support, The garnishing agency is not required to return the funds. The government agencies involved are held legally harmless because they are just doing thier job as the law is written that way deliberately . You must sue the person who recieved the child support to get your money back, and don't forget to ask for the legal fees you paid (a separately-listed item) or can prove you were charged and paid. Unless you can prove some kind of malicious action on the part of the parent receiving child support, you usually cannot receive either pain and suffering or punitive damages.
2007-05-24 10:32:13
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answer #1
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answered by jimdragontech 5
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I don,t know why the cort is making you pay child support . Have you had a D>N>A>TEST to prove that your not the father. The sad part is you loved this child and did believe it to be your child can you now just move on and have no love for this child. Please be the better person and still take this child and love him or her as your own. Your rewards will be so great and you will be blessed. You can love a child that is not yours. Make sure you tell him that your not the biological father but you are going to love him even more. I hope you don,t desert him or her. good luck!
2016-05-17 05:54:06
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answer #2
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answered by leann 4
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